Terms of service
1. General
- Reframd offers products (such as fixed-size and custom-made sunglasses, prescription lenses, eye care products, and gift cards) and services (such as virtual try-ons and facial scans), together the "Products".
- These Terms and Conditions (including any documents referenced herein, such as our Refund Policy and Privacy Policy, and any other special terms and conditions confirmed by us in writing, together the "T&C's") apply to all offers of Reframd GmbH and any of its affiliates (together "Reframd" or "we") and any agreements concluded between Reframd and you, whether online through the website www.reframd.com (or any other website we operate, together the "Website"), or via other (online) sales channels.
- Please read these T&C's carefully before placing an order for any Products on the Website. By placing an order for or by using our Products, you automatically agree to and are bound by these T&C's. If you have any questions, please contact the Customer Service Team before placing an order. Print or save the T&C's for your reference. If you do not agree with the T&C's, please discontinue use of the Website.
2. Orders
- In case the order concerns a purchase, the following is applicable. Once we have confirmed your card authorization for your order and confirmed your order in writing (including by email), an agreement between us is concluded. If you do not receive a confirmation within 24 hours of placing your order, please contact our Customer Service Team. Reframd is not obliged to accept any orders.
- If the Products are no longer available, even after the order has been confirmed, we will let you know. You may then order another Product from our Website or, if you wish, cancel the order. Any payment made will be refunded (see Section 3, Pricing and Payment).
- Spectacles — by placing an order for spectacles you confirm that:
- the data provided by you are complete and correct;
- you are aged 16 or over, legally qualified to place an order, and are not registered blind or partially sighted;
- you have a written prescription for your spectacles that has been given to you by a professional and suitably qualified person in the last 24 (twenty-four) months (or 12 (twelve) months if you are aged 70 or over); and
- you will comply with all instructions provided by your optometrist and Reframd;
- upon request, you will supply accurate details of your current prescription (including any notes on the prescription).
- You are responsible for the prescription if you order a Product on the basis of a prescription provided by a third party. Reframd does not take responsibility if you order a Product that has not been prescribed for you and/or if the difference between the prescription and purchase date exceeds 12 (twelve) months. Any costs or damages incurred as a result of an incorrect (third-party) prescription, or of incorrectly providing prescription details to Reframd, are for your account. In such an event, the purchase price of the Product will not be reimbursed.
- Reframd strongly recommends you have your eyes checked regularly by a qualified practitioner to ensure the welfare and continuity of your eye health.
3. Pricing and Payment
- All prices shown on the Website are in EUR and inclusive of 19% VAT.
- Payment shall be made upon placing your order. All credit card and debit card holders are subject to validity checks and authorization by the card issuer. If the issuer refuses to authorize payment, Reframd may reject your order.
- Should you be late in making any payment to Reframd, you will incur statutory interest as of the payment due date stated in the first reminder. In addition, Reframd may charge you reasonable fees incurred in trying to obtain payment from you.
4. Retention of Title
- Reframd remains the owner of the Products until you have made the required payment in full. After delivery but before payment has been made in full, you are responsible for keeping the Products safe and undamaged.
- If you have not made payment timely and/or in full, Reframd may at any time reclaim and collect the Products, to which you will provide all cooperation.
- If Reframd reclaims the Products under this clause, the agreement is rescinded. This does not limit Reframd's right to claim damages and interest.
- If you have paid for the Products prior to delivery, Reframd holds the Products for you until delivery.
5. Delivery and Defects
- The place of delivery is deemed to be the shipping/delivery address you provide in your order. Products are considered delivered when accepted by or on behalf of you at the delivery address. If you fail to accept the Products after two (2) delivery attempts, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, Reframd may terminate the agreement in accordance with Section 12 (Termination).
- Estimated delivery times are set out in our Shipping Policy. Delivery times are estimates and cannot be guaranteed.
- We have a legal duty to provide Products in conformance with the agreement. You should inspect the Products for defects as soon as possible after delivery and inform us of any defects preferably within seven (7) days, so we can make a claim against the carrier if needed, but in any case within thirty (30) days. Defective Products can be returned as described in Section 6 (Cancellation and Return Policy) and Section 7 (Warranty and Liability).
6. Cancellation and Return Policy
- You may cancel your order before delivery in writing. To do this, you can email us at info@reframd.com. Any payment already made by you will be refunded as set out below.
- Returns, exchanges, and refunds for delivered Products are governed exclusively by our Refund Policy, which sets out the applicable terms depending on whether the Product is a fixed-size frame, a custom-made frame, or a prescription lens. Please refer to our Refund Policy before returning a Product. During any return, you will handle the Product, its packaging, and accompanying materials with great care, and will only unpack the Product insofar as necessary to determine if you want to keep it.
- If you wish to return a Product, it should be in its original packaging and with all accompanying materials included. The Product should be in its original condition, insofar as reasonably possible. You can contact us to obtain a return form and return the Products by mail, following our instructions.
- You are responsible for the costs of returning the Product to us. Return shipping costs are non-refundable, in line with our Refund Policy.
- We are not responsible and/or liable for any products you return to us by mistake. These products will not be stored and/or returned to you.
- Upon receipt of your cancellation of the order, and where the Product is eligible for a refund under our Refund Policy, we will reimburse the applicable purchase price and initial delivery costs (if any) as soon as possible, but in any case within fourteen (14) days of receipt of your cancellation. In the event of an exchange, the purchase price of the exchanged Product will be set off against the purchase price of the returned Product; depending on the amount, an additional payment from you may be required.
7. Warranty and Liability
- We provide a two (2) year warranty on all Products, starting upon delivery.
- If the Products have a defect within the warranty period, you must notify Reframd of the defect within a reasonable period after becoming aware of it (preferably within two (2) months). After such notification you will be entitled to a repair, replacement, or, where applicable, a refund.
- No claim under the warranty can be made if the damage is caused:
- deliberately or by negligence;
- by improper use or careless maintenance;
- by normal wear and tear;
- by not following, or incorrectly following, the instructions relating to the Product; or
- by having anyone other than Reframd make repairs or changes to the Product.
- Reframd's liability under these T&C's and the agreement is limited to the obligations stated in this section (Warranty) and applicable product liability law. Any other liability of Reframd is explicitly excluded, unless the damage is the result of Reframd's willful intent or gross negligence.
- Should Reframd, despite the foregoing, still be held liable, that liability is limited to EUR 10,000 (ten thousand euros) for each occurrence, with a maximum of EUR 25,000 (twenty-five thousand euros) per year.
- Nothing in this section limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, or liability for fraud or fraudulent misrepresentation.
8. Website Content and No Guarantees
- Any information provided on or in relation to the Website is for general information purposes only, and you remain solely responsible for the use and interpretation of that information.
- Information on the Website shall not be considered medical advice and should not be used for diagnosis or choice of treatment. Always consult a doctor or specialist for medical problems. Although we take great care in maintaining our Website, we cannot guarantee that the Website and its contents are accurate, complete, up to date, or that the Website is available, uninterrupted, error-free, or free of viruses or bugs. Insofar as our Website contains information from third parties or links to other websites, Reframd is not responsible for such information or links, or their availability. See also Section 17 (Third-Party Links) below.
- We intend to display the Products as accurately as possible but cannot guarantee that images of the Products are an accurate representation of the actual merchandise, among other reasons due to technical differences in monitors or screens. All specifications, drawings, and particulars of weights, sizes, and performance are approximate only.
9. Account, Personal Data and Privacy
- When placing an order for our Products, you may need to create an account with Reframd. To open an account you must provide your personal data. You are responsible for the safety and correct use of your account password and will keep it confidential. If you suspect your account is being misused, please contact the Customer Service Team immediately.
- Reframd will process your data in accordance with our Privacy Policy. Please read our Privacy Policy carefully. By placing an order or using our services, you agree to our storing and processing of your data and confirm that any data provided by you is correct and complete.
- By accepting these T&C's you grant Reframd permission to send you our newsletter and offers by email. You can unsubscribe at any time by clicking the link in such emails. Reframd may also stop sending offers or newsletters at any time.
10. Intellectual Property Rights
- Unless otherwise stated, Reframd holds all intellectual property rights to the Website and its contents (including text, design, layout, images, and videos), the Products, and Reframd's trademarks and trade names.
- Reframd's names, logos, product and service names, designs, and slogans are trademarks of Reframd or its affiliates or licensors. You must not use such trademarks without Reframd's prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify.
- You may use the Website and the information provided on it for your own personal use (such as printing or saving pages for later viewing). Any other use — including copying, redistributing, or saving the contents or any part of them to another website, or framing, hyperlinking, or deep-linking to another website — is not allowed without our express written consent.
11. Force Majeure
- Except as provided below, Reframd is not liable for any default or delay in its performance (or that of any third parties it relies on) due to Force Majeure. Force Majeure means any circumstance beyond Reframd's control, including without limitation acts of God, strikes, lockouts or industrial disputes, civil disturbances, acts of third parties, war, riots, blockades, lightning, fire, storm, floods, explosions, the inability to obtain or retain necessary authorizations or permits, and compliance with any law or governmental order, rule, regulation, or direction, regardless of whether it is later held invalid.
- In the event of a Force Majeure event, Reframd shall inform you as soon as reasonably possible. Both Reframd and you may rescind the agreement if the Force Majeure event lasts for more than 21 (twenty-one) days. Reframd will refund any payment made.
12. Termination
- Both Reframd and you may terminate (including rescind) the agreement if:
- the other party has requested a suspension of payments or bankruptcy, or either has been granted to it; or
- the other party fails to meet its obligations under the agreement and has not cured such failure within 14 (fourteen) days of having been notified thereof in writing.
- This section governs termination of the agreement between you and Reframd for delivered or pending orders. It does not limit Reframd's separate right to restrict or suspend your access to the Website itself for violations of Section 13 (Website Access and Prohibited Uses), which may be exercised independently and does not affect your rights in relation to any order already placed.
13. Website Access and Prohibited Uses
- You may access and use the Website for lawful purposes only. You may not access or use the Website, directly or indirectly: to violate any applicable law or regulation; to infringe Reframd's or any third party's intellectual property rights; to harass, abuse, or harm any person; to transmit false or misleading information; to send spam or unsolicited advertising; to impersonate any other person or entity; or to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Reframd, Shopify, or other users.
- You also agree not to: upload or transmit viruses or malicious code; reproduce, duplicate, or exploit any portion of the Website without consent; collect or track the personal information of others; or interfere with, bypass, or circumvent any security or access-control measures we employ.
- Where we determine, acting reasonably, that you have violated this section, we may suspend or restrict your access to the Website at any time. This does not affect your statutory rights or any rights relating to orders already placed, which remain governed by Section 12 (Termination) and applicable law.
14. Agents
- This section applies if you use, allow, enable, or cause the deployment of an "Agent" — any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on a person's behalf or device without direct supervision — to access, use, or interact with the Website.
- No Agent may access, use, or interact with the Website unless it identifies itself and operates in accordance with the requirements below. No Agent may access, use, or interact with the Website if we have requested that it refrain from doing so.
- We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Website.
- Agents must: (i) in all requests, identify themselves as an Agent and disclose their name in the request's user agent string; (ii) not conceal or obfuscate that access is from an Agent, including by mimicking human behavior or bypassing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent any measure intended to control how Agents access or use the Website.
15. Feedback
- If you submit any ideas, suggestions, reviews, or other feedback ("Feedback"), you grant Reframd a worldwide, royalty-free license to use, reproduce, and publish such Feedback for any purpose, including commercial use. Reframd is under no obligation to keep Feedback confidential, compensate you for it, or respond to it.
- You represent that you own or have the rights to any Feedback you submit, and that it does not violate any third party's rights or contain unlawful, abusive, or malicious content.
16. Errors, Inaccuracies, and Omissions
- Occasionally the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to update information at any time, including after an order has been submitted, without prejudice to your statutory rights.
17. Third-Party Links
- The Website may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to access such sites, you do so at your own risk, and any transaction or dispute arising from them should be directed to the relevant third party.
18. Relationship with Shopify
- Reframd is powered by Shopify, which enables us to provide the Website and Services to you. Any sales and purchases you make are made directly with Reframd. Shopify is not responsible for any aspect of any sale between you and Reframd, including any injury, damage, or loss resulting from purchased Products.
19. Various
- Reframd may change these T&C's at any time. By placing an order you agree that the latest version of these T&C's will apply to your order.
- Any deviation from these T&C's must be made in writing and signed by both parties. References to writing include email, unless stated otherwise.
- If any part of these T&C's is invalid or unenforceable, it shall be replaced by a valid term reflecting the original intent as closely as possible, and the remainder of these T&C's will remain in effect.
- Failure to enforce any part of these T&C's shall not be a waiver of any right of Reframd; a waiver must always be explicit and in writing.
- Any terms and conditions proposed by you are explicitly rejected and do not apply to the agreement between Reframd and you.
- You may not transfer your rights or obligations under these T&C's to another person without our prior written consent, which we will not withhold unreasonably. Reframd may transfer its rights and obligations to a third party; such transfer will not affect your rights under these T&C's.
- If you need to contact us, our Customer Service Team can be reached at info@reframd.com.
20. Jurisdiction
- These T&C's and all agreements concluded between Reframd and you, and all disputes relating thereto, are governed by the laws of Germany, without regard to conflict-of-laws rules under German private international law. The applicability of the United Nations Convention on the International Sale of Goods (Vienna Convention of 11 April 1980) is explicitly excluded.
- If you are based in the EU (including the United Kingdom), any disputes arising out of or in connection with these T&C's or our agreement(s) shall be submitted to the competent court of Berlin, Germany. If a consumer wishes to bring the dispute before another competent German court, they must inform Reframd in writing within one (1) month of Reframd notifying the consumer that it wishes to invoke this section; absent such notification, the competent court of Berlin shall have exclusive jurisdiction.
- If you are based outside the EU, any disputes arising out of or in connection with these T&C's or our agreement(s) shall be referred to and finally determined by arbitration under the Arbitration Rules of the German Arbitration Institute, before a sole arbitrator seated in Berlin, Germany, in the English language, decided in accordance with the laws of Germany.
- If you are based outside the EU, disputes may also be brought to the attention of the European Online Dispute Resolution Platform at ec.europa.eu/consumers/odr.
21. Contact Information
REFRAMD GmbH
Schwedter Straße 77
10437 Berlin, Germany
Email: info@reframd.com
Phone: +49 (0) 177 348 3213
Commercial register: Amtsgericht Charlottenburg, HRB 217331