Terms of Use
Effective Date: 1 January 2025 

Welcome to https://optelux.com (the “Site”), owned and operated by OpteLux Co., Ltd. (“OpteLux,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site and all related products, features, and services (collectively, the “Services”). Legal documents can be daunting, so we have worked to make these Terms as clear as possible. If you have any questions, please write to optelux@optelux.com. 

IMPORTANT: EXCEPT WHERE PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND OPTELUX MUST BE RESOLVED THROUGH BINDING ARBITRATION AND NOT IN COURT. YOU ALSO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION. SEE SECTION 17 FOR DETAILS. 

1. Changes to These Terms 

We may change these Terms to reflect legal or business updates. Revisions will be posted here and become effective seven (7) days after the “Effective Date” is updated. Continued use of the Services after that period means you accept the new Terms. 

2. Eligibility 

You may use the Services only if you are of legal age in your place of residence or if you access them under the supervision of a parent or legal guardian. Use must also be lawful where you are located. The Services are provided solely for personal, non‑commercial purposes, and we may refuse service or change eligibility requirements at our discretion. 

3. Privacy 

Our Privacy Policy explains how we collect, use, and protect your data. By using the Services, you agree to our data‑handling practices. 

4. Your Account 

Certain features require an OpteLux account (“Account”). You are responsible for all activity under your Account or device. Keep login credentials confidential and maintain accurate information. You may delete your Account by emailing optelux@optelux.com. 

5. Purchasing OpteLux Eyewear 

a. Frame Selection – Choose frames and specify prescription or non‑prescription lenses. 
b. Prescription – Provide a current, valid prescription as required by law. We store your prescription and can send you a copy upon request. 
c. Delivery – Supply accurate shipping details. Shipping terms appear on the Help page. 
d. Payment – By submitting payment information, you authorize us and our processors to charge your chosen method for the full order amount. 
e. Order Status – We email confirmation and tracking information when your order ships. 
f. Changes or Cancellations – Orders are processed quickly; we will attempt but cannot guarantee modifications once placed. See the Help page for instructions. 
g. Risk of Loss – Title and risk transfer to you when we hand the goods to the carrier. 
h. Returns, Exchanges, and Lens Replacement – Policies are detailed on the Help page. 
i. Purchase Limits – We may limit or cancel orders that appear intended for resale or otherwise violate these Terms. 
j. Language – The ordering process is currently available only in English. 

6. Communications with OpteLux 

a. Text Messages – By opting‑in, you consent to receive SMS (some marketing) that may be sent via autodialer. Standard carrier rates apply. Reply STOP to cancel. 
b. Security – Email and SMS are not encrypted; transmit sensitive data at your own risk. 

7. Intellectual Property 

All content and trademarks on the Services are owned by OpteLux or its licensors and are protected by law. You may not use them without prior written consent. 

8. Licence to Use the Services 

Subject to these Terms, OpteLux grants you a limited, non‑exclusive, revocable, non‑transferable licence to access and use the Services for personal, non‑commercial purposes. 

9. Prohibited Conduct 

You agree not to: 
• interfere with the Services; 
• place an unreasonable load on our infrastructure; 
• resell or commercially exploit the Services; 
• reverse engineer or scrape content; 
• use automated tools (bots, spiders) without permission; 
• circumvent security measures; or 
• violate these Terms or the Privacy Policy. 

10. User Content 
You may submit content (“User Content”) in interactive areas. You retain ownership but grant OpteLux and other users worldwide, perpetual, royalty‑free licences to use, adapt, and distribute that content. You represent that you have the right to submit the content and that it does not infringe any third‑party rights or laws. 

11. Copyright Policy 
We respect intellectual property rights and may remove infringing material. Send takedown notices to optelux@optelux.com with the information required by law. 

12. Disclaimer of Warranties 
Some jurisdictions (e.g., Quebec) do not allow certain warranty limitations; local laws may grant you additional rights. EXCEPT AS PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. 

13. Limitation of Liability 
TO THE FULLEST EXTENT PERMITTED BY LAW, OPTELUX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR DIRECT DAMAGES EXCEEDING THE GREATER OF (A) AMOUNTS YOU PAID FOR THE PRODUCTS OR (B) USD $500. 

14. Termination 
We may suspend or terminate your access to the Services at any time without notice. Sections that by their nature should survive will remain in effect. 

15. Dispute Resolution and Arbitration 
a. General – Except where prohibited, disputes arising out of these Terms will be resolved by binding arbitration under the U.S. Federal Arbitration Act and the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Supplementary Procedures for Consumer‑Related Disputes, as modified herein. BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. 
b. Exceptions – You may (i) bring an individual small‑claims action; (ii) seek help from government agencies; (iii) request injunctive relief in court; or (iv) file a lawsuit for intellectual‑property infringement. 
c. Arbitration Process – To start arbitration, send a written Demand for Arbitration describing the claim and requested relief. Hearings will occur in New York County, New York, unless the claim is for USD $10,000 or less, in which case you may choose a virtual or mutually agreed location. 
d. Fees – For claims under USD $10,000, fees are allocated as provided in the AAA Rules unless the arbitrator finds the claim frivolous. 
e. Class‑Action Waiver – Unless prohibited by law, claims must be brought individually; the arbitrator may not consolidate claims without all parties’ consent. 
f. Changes – You may reject future changes to this arbitration clause (other than contact‑info updates) by notifying us in writing within 30 days; in that event, your Account terminates immediately, and the prior version governs. 
g. Unenforceability – If any part of this Section is unenforceable, the remainder will apply, or if the entire arbitration provision is unenforceable, disputes will be resolved in the courts specified in Section 21. 

16. Severability 
If any provision is found invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remainder of the Terms will remain in force. 

17. Electronic Communications 
By using the Services, you consent to receive electronic communications, which satisfy any legal requirements that such communications be in writing. 

18. Entire Agreement 
These Terms constitute the entire agreement between you and OpteLux regarding the Services and supersede prior agreements. 

19. Miscellaneous 
We are not responsible for failure to perform obligations caused by factors beyond our reasonable control. You may not assign these Terms without our consent; we may assign them without yours. Our failure to enforce any provision is not a waiver. Headings are for convenience only, and the English version controls. 

Thank you for reading these Terms of Use.