Terms of Service
These Terms of Service explain the conditions for using our website www.shaub-fischer.com and for purchasing our products, please read them carefully before using our website. Accessing or using our website means you automatically agree to these Terms of Service and will comply with them. If you do not agree with them, we request you to discontinue the use of our website.
1. Legal Notice
Shaub & Fischer is a registered EU trademark with the trademark number: 018017468. Shaub & Fischer is property of the Portuguese private limited liability company Crazy Universe Lda, registered with the “Conservatória do Registo Comercial de Lisboa” under the intra-Community VAT number: PT 514938609. Its registered office is located at Rua Mário Castelhano 42, Lux Park A33, 2730-120 Barcarena (Portugal).
In these Terms of Service (hereinafter referred to as the TOS), the following terms beginning with a capital letter mean:
• Customer: natural or legal person placing an order on the Website. The Customer is subject to the general TOS;
• Wearer: natural person for whom the Product(s) are ordered. In principle, the Wearer and the Customer are the same person. Where the Wearer is not the Customer, the Customer shall be deemed to place the order for the Wearer and shall assume all related responsibilities in accordance with these TOS.
• Products: products offered and distributed by Shaub & Fischer via its Website, namely eyeglasses with or without corrective lenses, as well as other related items;
• Customer Service or Customer Support: service provided to Customers and Users of the Website to respond to their requests. The contact details for the Customer Service are indicated on the Website;
• Website: within the framework of these TOS, the Website is developed by Shaub & Fischer and accessible at www.shaub-fischer.com;
• User: any person who consults the Website. Any Customer is a User and as such is subject to these TOS.
Any person using this Website accepts without reservation these TOS. The applicable TOS are those in effect on the date of use of the Website. The TOS may be amended at any time by Shaub & Fischer.
The purpose of these TOS is to define the terms and conditions under which the User agrees to use the Website and the various functionalities offered therein, and also the conditions under which the Customer purchases the Product(s).
4.1 Purchase of Product(s)
As the Customer is Shaub & Fischer’s contracting partner, the TOS apply identically to all Wearers, and the Customer assumes all obligations and responsibilities defined therein, whether the order is for him or a separate Wearer.
The Customer declares that he has read the applicable TOS before placing an order and has accepted them without reservation.
These TOS may be amended at any time by Shaub & Fischer, without incurring any liability in this respect.
The invalidity of a contractual clause does not result in the invalidity of the TOS.
5. Website Information and Liability
Any information provided on or in relation to the Website is for general information purposes only and the User is and remains solely responsible for the use and interpretation of the information on the Website.
The information shall not be considered as medical advice or otherwise and should not be used to for any diagnosis or choice for treatment. Always consult a doctor or specialist for medical problems.
Although we take great care in maintaining the Website, we cannot guarantee that the Website and its contents are accurate, complete, up to date, nor that the Website is available, uninterrupted, error-free or free of viruses or bugs.
Shaub & Fischer is not liable for any damage the User may incur due to use or unavailability of the Website, or electronic communications with Shaub & Fischer, unless this is the result of Shaub & Fischer’s willful intent or gross negligence.
This Website is intended for use within the EU. If you visit this Website outside of the EU, you are responsible for compliance with applicable local legislation.
Shaub & Fischer has the right at any time and at its discretion to delete, modify or add content to the Website, without liability.
6. Essential Information
6.1 Information Relating to the Products and the Wearer’s Correction Needs
By placing an order, the Customer/Wearer confirms that:
• The data provided is complete and correct;
• He is aged 18 or over, legally qualified to place an order and not registered blind or partially sighted;
• He has a written prescription for his glasses that has been given to him by a suitably qualified person in the last 24 months (or 12 months if aged 70 or over) and will comply with all instructions provided by his ophthalmologist/optometrist and Shaub & Fischer;
• Upon request, he will supply accurate details of his current prescription (including any notes on the prescription).
The Customer is responsible for the prescription if he orders a Product on the basis of a prescription provided by a third party. Any costs/damages incurred as a result of an incorrect third party prescription or of incorrectly providing the details of the prescription to Shaub & Fischer are for his account. In such an event, purchase price of the Product will not be reimbursed.
7. Review Policy
The User is invited to leave a review (comment) on the Website. This approach is optional and voluntary. When the User chooses to leave a review, it must be left in accordance with the following provisions of our Review Policy.
7.2 Purpose of the Review
The purpose of the review is to share the User’s experience with other Users. This is why the User undertakes to leave a comment only in the event of a purchase of the Product concerned by the review.
7.3 Methods of Review Publishing
The reviews are published in chronological order. The rating is based on stars (1 to 5) assigned by the User filing the review.
The reviews are checked by a moderator before publication. The role of the latter is to ensure that a certain ethical line is respected, including the vocabulary used and the interest of the comment left. As a result, not all comments are published. The publication of the reviews is therefore not exhaustive and Shaub & Fischer cannot be held liable for this fact.
7.4 Request for Deletion of Reviews and Request for Anonymization
Users who wish to delete their communicated name and/or comment are invited to contact Customer Service (firstname.lastname@example.org).
As from their publication, the Users’ reviews are the property of Shaub & Fischer.
7.5 Social Networks
With regard to comments and reviews left on social networks (including Facebook and Instagram) by Users, Shaub & Fischer indicates that it has no control over such data and networks provided by third parties. Shaub & Fischer therefore disclaims any liability in this respect.
Shaub & Fischer allows Users to subscribe to its free newsletter. It is not necessary to be a Customer to subscribe. All Customers will automatically be added to the subscription list.
The User may unsubscribe at any time by clicking on the “unsubscribe” link in the newsletter. If, for extraordinary reasons or technical reasons, the User still receives the newsletter, he is invited to contact Customer Service, which will ensure that the unsubscribe request takes effect.
9. Personal Data and Cookies
The User must check the accuracy, veracity and timeliness of the information and data provided to Shaub & Fischer. He is solely responsible for compliance with these requirements.
In accordance with the regulations on the protection of personal data and recommended good practices in this field, Shaub & Fischer:
• Has included on its Website various notices in order to inform the User about personal data (collection and processing),
10. Final Provisions
10.1 Intellectual Property
No mention or use of the distinctive signs, trademarks, trade names, acronyms, logos, drawings, photos or videos appearing on the Website may be made without the prior written consent of Shaub & Fischer. Any reproduction or use not previously and expressly authorized, by written letter, constitutes the offence of counterfeiting and is liable to criminal prosecution.
The concept, content (including but not limited to file extracts), layout, structure, source codes, programming, images, photos, animations, audiovisual works, texts, data, music and all other elements of the Website are and remain the property of Shaub & Fischer, and are protected by various intellectual property rights (including copyright, trademark rights, sui generis rights of the database producer, etc.), which the User acknowledges and accepts. By accessing or using the Website, the User does not become the owner of any rights of any kind whatsoever.
10.2 Subcontracting and Cession
Shaub & Fischer may freely subcontract all or part of the Website.
Shaub & Fischer may also, freely, at any time and in any form whatsoever, transfer or provide the services offered by the Website to any person of his choice. The User accepts in advance such an assignment or contribution.
10.3 Applicable Law
The relationship between the User and Shaub & Fischer is subject to Portuguese law.
10.4 Jurisdiction of Courts
Each party gives exclusive jurisdiction to the Portuguese courts and tribunals.
In the context of relations with final consumers in the European Union, the law of the final consumer’s domicile may also be applicable, provided that these are mandatory consumer law provisions.
Most recent update: 16 June 2019