Terms & Conditions

TERMS AND CONDITIONS

IMPORTANT. The following terms and conditions (the “Terms & Conditions”) constitute a legal agreement (“Agreement”) between you (“You”, “Your”, “Client”) and ID SOURCING AG, a company registered in Switzerland (registered address: Neuhoffstrasse 5a, CH-6340, Baar, Switzerland; Tax No: CHE-115.879.879 MWST; telephone: +41 417613322; company website: idsourcing.ch) (the “Company”), and govern the use of the WE ARE EYES (weareeyes.co) website (the “Website”) as well as the offer, transmission and acceptance of purchase orders relating to products provided through the Website.

WE ARE EYES (“We Are Eyes”) is a commercial name belonging to the Company.

1. SCOPE

1.1 These Terms & Conditions govern the access to and use of the Website, and regulate the offer, transmission and acceptance of purchase orders relating to products between You the Clients and the Company. Please read these Terms & Conditions carefully before proceeding.

1.2 By accessing and using this Website as well as by purchasing the products offered through this Website, you agree to be bound by these Terms & Conditions. If you do not agree to all or part of these Terms & Conditions, we invite you not to use the Website or its services. The Website is managed and maintained by the Company.

1.3 The Company may amend or update all or part of these Terms & Conditions. Any amendment or update of the Terms & Conditions shall be posted on the Website, as soon as such amendments or updates have been made, and shall be binding as soon as You access the Website following their amendment. If you do not agree to all or part of the Terms & Conditions as amended or updated, please do not use this Website.

2. CLIENT DATA AND USE OF WEBSITE

2.1 In order to enter into an order through the Website, the Clients are required to accept these Terms & Conditions before making any payment and concluding any order.

2.2 The access to and use of the Website, including display of web pages, communication with the provider, downloading of product information and conclusion of purchases on the Website, are carried out by You exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. For wholesale enquiries please contact the Company at info@weareeyes.co.

2.3 The Client shall verify that his or her data are correct and inform the Company in case of a variation and/or amendment in the information provided during the purchasing process. You will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent), as well as for any improper use of such data or information.

2.4 If the Client has any reasons to believe that his or her data have been made available to a third party, or that they have been or may be used without his or her authorisation, the Client must inform the Company immediately.

2.5 The Company, at its discretion, reserves the right to refuse access to the Website, eliminate or amend the content thereof or cancel any orders.

2.6 The Website may not be used for unlawful purposes or purposes related to crimes or illegal activities of any type. It is also forbidden to send, use or reuse any illegal, offensive, abusive, indecent, slanderous, obscene or threatening materials or any materials which may entail an infringement of copyright, registered trademarks or confidentiality, privacy or any other rights, or which may be slanderous or offending in any way to third parties, or the content of which may contain computer viruses, political propaganda, advertising, chain messages, the massive sending of mail or any other form of spam and, in general, any other type of nuisance or unnecessary element.

2.7 Hyperlinks. The hyperlinks included in this Website may lead to third party websites, which are under no circumstances connected to the Company. The Company accepts no responsibility for the content, information or services which may appear in third party websites and advises you to contact them and view their terms and conditions and respective privacy policies.

2.8 Privacy. We advise You to read our Privacy Policy, which includes information of cookies, data usage and data storage, even in the event You do not proceed with a purchase.

3. ORDERS AND TERMS OF SALE

3.1 Only Clients over 18 years of age may place an order with the Company.

3.2 Online Orders. To place any orders through the Website, the Client must fill in a purchase form. The data included in the purchase form are necessary to manage your purchase order.

3.3 Telephone Orders. We apologize but for now we do not accept telephone orders.

3.4 All orders are subject to product availability and to the confirmation of order prices and order payments.

3.5 Delivery. From the Website, the Company will send orders to anywhere in Europe through various selling points. The Company also offers delivery to Brazil and Mexico. At the moment, we regret but do not offer delivery anywhere else.

3.6 For European orders, delivery is available to the 28 Member States in the European Union. These are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.

3.7 Shipping times. Shipping times may vary depending upon availability, and in any case range between 2 to 7 working days for delivery. You will be notified of the exact shipping times on the order form, upon selection of the country of delivery. Any warranty, if so offered, regarding delivery times is subject to any possible delay caused by the shipping companies, for which the Company will not be liable.

3.8 You may be required to sign for delivery. Before signing you must inspect the package for any obvious tampering. If you receive an empty package but you sign the delivery receipt and do not immediately report the fact to the carrier, we may not be responsible for any refunding or substitution. You have to keep the receipt of the delivered product in case of future needs.

4. PRICES & PAYMENT METHODS

4.1 Upon completion of the purchase form, the Client shall pay the order using the payment methods specified on the Website.

4.2 The price and applicable currency to be paid shall be stated on the purchase form and the Client shall be informed of taxes, handling and delivery expenses if any. All such details shall be specified to you before you are required to finally confirm the order.

4.3 Once payment has been authorised, the Client shall receive an email confirming the order. This email will include a summary of the articles acquired, the type of delivery requested and the delivery address and if so available tracking options.

4.4 If there is any problem at the time of payment which prevents payment from being authorised, the Client shall receive an automatic message indicating the existence of a payment error. Your order will not be processed until full completion of payment.

4.5 Any discount codes or coupons offered from time to time to Clients shall be applied only as per the instructions specified for each discount code or coupon and, in any event, only one code or coupon may be used per order.

4.6 Cash Upon Delivery. Cash upon delivery is only applicable to Clients and orders made in Greece.

5. DISCLAIMERS AND LIMITATION OF LIABILITY

5.1 The data included on the Website, in each description of the products and/or services, with their photographs, graphic and/or iconographic depictions and/or videos, as well as their trade names, trademarks or distinctive signs of any description, are provided solely for information purposes. The products displayed on the Website may not exactly correspond to the real items in terms of image, dimensions and colour depending on your internet browser and/or your monitor quality.

5.2 The Company waives any liability resulting from errors in said information, but undertakes to make efforts to correct errors and/or omissions as soon as possible, upon such notice.

5.3 The Company cannot guarantee that the Website will operate continuously, without any interruptions and errors due to the connection to the Internet. The Company shall not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond its reasonable control.

5.4 Except for cases of gross negligence and fraud, in no event shall the Company and/or its affiliates be liable to the buyer for lost profit or any damages of any nature arising out of or related to these Terms & Conditions and/or in connection with third party claims raised against the Client from this Website. The Company cannot be held liable for the accuracy and completeness of the Content, except for its liability for tort and gross negligence and as otherwise provided for by the law.

5.5 The total amount of the Company liability in respect of the purchase of products under these Terms & Conditions is limited to the amount paid by the buyer for the purchase of the products.

6. RETURNS, RIGHT OF WITHDRAWAL AND REFUNDS

6.1 Return 6.1.1 The Client may return an order for a period of fourteen (14) working days, without any penalty and without any need to state the reasons for the return. In this instance, the Client shall bear the direct cost of returning the products to the Company. 6.1.2 In order to formalise the return, please contact the Company at customerservice@weareeyes.co, attaching the filled out return form. A draft form for return of goods can be found in ANNEX II. 6.1.3 Upon receipt of such communication, the Company shall inform the Client on the form of collection or delivery of the product(s) at one of its selling points. Each product to be returned must be unused and include all its labels, packaging and, if any, documentation and original accessories. Failing this the Company reserves the right to refuse such a return. 6.1.4 The Company shall refund the Client the full amount paid by him or her, including delivery charges if any, in the same way used for payment. The Company aims to process refunds as soon as possible and, in any event, within twenty one (21) days following the return of the products to the Company. In any case, the Company shall notify you via email upon processing the refund. 6.1.5 For deliveries paid in cash upon delivery, where available, the Client must provide a valid bank account to which the amount will be refunded.

6.2 Right to Withdraw 6.2.1 The Client may withdraw from the order for a period of fourteen (14) working days, without any penalty and without any need to state the reasons for such withdrawal. In this instance, the Client shall bear the direct cost of returning the products to the Company. 6.2.2 In order to formalise the return, please contact the Company at customerservice@weareeyes.co, attaching the filled out withdrawal form. A draft form for withdrawal can be found in ANNEX I. 6.2.3 Upon receipt of such communication, the Company shall inform the Client on the form of collection or delivery of the product(s) at one of its selling points. Each product to be returned must be unused and include all its labels, packaging and, if any, documentation and original accessories. Failing this the Company reserves the right to refuse such a return. 6.2.4 The Company shall refund the Client the full amount paid by him or her, including delivery charges if any, in the same way used for payment. The Company aims to process refunds as soon as possible and, in any event, within twenty one (21) days following the return of the products to the Company. In any case, the Company shall notify you via email upon processing the refund. 6.2.5 For deliveries paid in cash upon delivery, where available, the Client must provide a valid bank account to which the amount will be refunded.

6.3 Defective Products 6.3.1 The Client may return, free of charge, any products with manufacturing defects. To this end, the Client must contact the Company in customerservice@weareeyes.co, within two (2) working days following delivery, stating the product or products to be returned, with a photograph and a detailed account of the defects encountered. A draft form for return of defective goods can be found in ANNEX III. 6.3.2 Upon receipt of such communication, the Company will indicate to the Client, if applicable, the form of collection or delivery of the defective product at one of its selling points, at the expense of the Company. Each product to be returned must be unused and must include all its labels, packaging and, if any, documentation and original accessories. Failing this, the Company reserves the right to refuse such a return. Upon receipt of the product and verification of the existence of manufacturing defects in any of the products ordered, the Company shall offer the Client the option to send another product of the same characteristics (including price range), free of charge to the Client. 6.3.3 If it is not possible, owing to lack of stock, to send another product of identical characteristics, the amount paid for the purchase of the product shall be returned as soon as possible and, in any case, within fourteen (14) working days. 6.3.4 Should the Client refuse the delivery of a new product, the Company shall refund the Client the full amount paid by him or her, including delivery charges if any, in the same way used for payment. The Company aims to process refunds as soon as possible and, in any event, within twenty one (21) days following the return of the products to the Company. In any case, the Company shall notify you via email upon processing the refund. 6.3.5 For deliveries paid in cash upon delivery, where available, the Client must provide a valid bank account to which the amount will be refunded.

7. INTELLECTUAL PROPERTY

8.1 All intellectual property rights on the Website and the content on it (the “Content”) including works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, product designs, diagrams, layouts, methods, processes, functions and software, source code, design, navigation structures and various elements herein are the property of the Company. The Company holds exclusive rights to the Content including the right to reproduce, distribute, communicate publicly and transform the Content, in accordance with national and international laws applicable.

8.2 You may not reproduce, publish, distribute, display, modify, create derivative works, or exploit in any way, in whole or in part, the Content without the prior express written consent of the Company.

8.3 The Company shall have the exclusive right to authorise or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative works, or exploitation in any way, in whole or in part, the Content. The Company shall have the right, at any time, to claim the authorship of any Content posted on this Website and to object to any use, distortion or other modification of such Content.

8.4 Any reproduction, publication, distribution, display, modification, creation of derivative works, or exploitation in any way of, the Content expressly authorised in writing by the Company shall be carried out by you for lawful purposes only, and in compliance with all applicable laws.

8. WARRANTY

9.1 The Company warrants to the consumer that the products purchased from this comply with the specifications and are free of material defects and workmanship errors for a period of twenty-four (24) months from the date of delivery.

9.2 This warranty applies only to items which are: (a) manufactured by or for the Company and under the We Are Eyes trade name, trademark, or logo, and (b) items purchased directly from this Website. Products purchased from other unauthorised selling points are explicitly not covered by these Terms & Conditions.

9.3 This warranty does not cover normal defects based on wear and tear. These include without limitation: abrasions on the temple, scratching of the lenses, improper and faulty usage, negligent usage, misuse of the articles bought, accidents, of where alterations of the articles bought have been made or attempted.

9.4 This warranty is additional to Your legal rights for products which are defective or do not match the description. To claim Your warranty, You must contact the Company via email at: info@weareeyes.co in a period of not more than two (2) months following the detection of defects, with proof of purchase and with photographs of the defects on the articles bought. The Company shall then contact you to indicate the form of collection or delivery of the defective product at one of its selling points.

9. MISCELLANEOUS

10.1 The Client hereby represents that he has the right and authority to enter into this agreement and to comply with and perform his obligations hereunder.

10.2 In the event any provision of these Terms & Conditions is held by a court of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law and the other provisions in these Terms & Conditions will remain in full force and effect.

10.3 Notices. All communications between the Company and the Client regarding the placing of orders through the Website shall be made in writing pursuant to the communication procedures set forth in these Terms & Conditions.

10.4 Any titles used in these Terms & Conditions are simply for clarification purposes.

10.5 The Client acknowledges that no promises, representations, inducements, agreements, or warranties, other than those set forth herein, have been made to induce the execution of these Terms & Conditions by him or her, and further acknowledges that it has not executed these Terms & Conditions in reliance on any promise, representation, inducement, or warranty not contained herein.

10.6 Force Majeure. Neither party shall be deemed in default of these Terms & Conditions to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labor disputes, inability to provide raw materials, power or supplies, or any other similar act or condition beyond the reasonable control of the parties, provided that the party so affected uses commercially reasonable efforts to avoid and remove the causes of non-performance and continues performance hereunder immediately after those causes are removed.

10. APPLICABLE LAW & JURISDICTION

11.1 The present Terms & Conditions are subject to Swiss law. Last updated, December 2, 2016

ANNEX I

Withdrawal Form

You must fill in and send this form if you wish to withdraw from the agreement or return a product.

For purchases made in Greece, Romania and Bulgaria please return to: J & K NIKOLAIDIS S.A., 19-21 KRISTALLI STREET, PERISTERI, 12131 E-mail: customerservice@weareeyes.co

For purchases made in Italy please return to: iD Sourcing C/O Centre A&B Via Valla, no 16 - 20141 Milano, Italy Tel:. +39.0284742261 E-mail: customerservice@weareeyes.co

For all other purchases, please return to: ID SOURCING A.G., NEUHOFFSTRASSE 5A, CH-6340, BAAR, SWITZERLAND Telephone: +41 417613322 E-mail: customerservice@weareeyes.co

I hereby inform you that I wish to withdraw from my agreement to purchase the following product: ............. [insert item Number or Code] – Ordered/received on ................. [insert date of purchase/date of receipt of the order] – .......................... [insert Client name] – .................... [insert Client address] Client Signature ...................................... Date .............................. Reasons for withdrawal:.......................

ANNEX II

Return Form

You must fill in and send this form if you wish to return a product or products.

For purchases made in Greece, Romania and Bulgaria, please return to: J & K NIKOLAIDIS S.A., 19-21 KRISTALLI STREET, PERISTERI, 12131 E-mail: customerservice@weareeyes.co

For purchases made in Italy please return to: iD Sourcing C/O Centre A&B Via Valla, no 16 - 20141 Milano, Italy Tel:. +39.0284742261 E-mail: customerservice@weareeyes.co

For all other purchases, please return to: ID SOURCING A.G., NEUHOFFSTRASSE 5A, CH-6340, BAAR, SWITZERLAND Telephone: +41 417613322 E-mail: customerservice@weareeyes.co I hereby inform you that I wish to return the following product(s):

1. ............. [insert item Number or Code]

2. ............. [insert item Number or Code]

3. ............. [insert item Number or Code]

Ordered/received on ................. [insert date of purchase/date of receipt of the order] – .......................... [insert Client name] – .................... [insert Client address] Client Signature ...................................... Date .............................. Reasons for return:.......................

ANNEX III

Defective Products Return Form

You must fill in and send this form if you wish to withdraw from the agreement.

For purchases made in Greece, Romania and Bulgaria, please return to: J & K NIKOLAIDIS S.A., 19-21 KRISTALLI STREET, PERISTERI, 12131 E-mail: customerservice@weareeyes.co

For purchases made in Italy please return to: iD Sourcing C/O Centre A&B Via Valla, no 16 - 20141 Milano, Italy Tel:. +39.0284742261 E-mail: customerservice@weareeyes.co

For all other purchases, please return to: ID SOURCING A.G., NEUHOFFSTRASSE 5A, CH-6340, BAAR, SWITZERLAND Telephone: +41 417613322 E-mail: customerservice@weareeyes.co

I hereby inform you that I wish to withdraw from my agreement to purchase the following product: ............. [insert item Number or Code]