Effective starting March 12, 2024
To download and/or print these Terms of Use ("TOU"), click here.
Important - These Terms together with our Privacy Policy, Terms of Sale, Returns Policy, and Frame & Lens Guarantee ("Additional Policies") are a legal agreement ("Agreement") between you ("You", or "you") and Luxottica of America Inc., its parents, subsidiaries, affiliates, representatives, officers, and directors (collectively, "Luxottica of America Inc.", "Frames Direct", "us", "we", or "our") and govern your use of this website.
By accepting this agreement, you consent to a class action waiver. Please read this TOU carefully before using our website and any online services, software, or apps (collectively "Services") provided by Frames Direct that post a link to this TOU. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of our Services is expressly conditioned upon your agreement to these TOU.
a. Content submitted by You. From time to time We may make available on this Services bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections, or similar communication facilities that offer the opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services. In such instances, We welcome your comments on our Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Frames Direct ("User-Generated Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Generated Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Generated Content, You grant Frames Direct a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, resell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that Frames Direct shall be and is entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in connection with the User-Generated Content. You expressly waive any and all rights, grounds, and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Generated Content. By submitting any User-Generated Content to us, You represent and warrant that You are at least the age of majority in the jurisdiction in which you reside and are the parents or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that as to User-Generated Content, you hold all necessary right, title and license to such User-Generated Content and that your submission of such materials to the Services does not and will not violate or infringe the rights of any third parties or cause any harm to any person, including but not limited to intellectual property or privacy rights.
b. Non-confidentiality of content submitted by You. Except as otherwise described in any applicable Additional Policies you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by usregardless of whether you mark them "confidential," "proprietary," or the likeand will not be returned, and (b) to the maximum extent not prohibited by applicable law, Frames Direct does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon request, you will provide the documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your User-Generated Content is submitted at your own risk.
a. We try to make sure that all information on the Services, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Services as soon as reasonably possible and if We think that such an error has affected your order We will make reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
b. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of goods as shown on the Services will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Services are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) not all goods and promotions that are offered on the Services will be available in-store, and vice versa. We reserve the right to adjust prices, goods, and special offers at our discretion and (vii) virtual model may distort or otherwise not provide an accurate representation of the product and its color(s), textures, size as well as your face and facial features and the fit of the glasses.
c. If at any time you have any questions or concerns, please contact us via our web form.
Copyright Complaints We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, please notify us and provide the following information:
Our agent for notice claims of copyright infringement on the website can be reached as follows:
Legal Department Luxottica of America Inc. 501 E Corporate Drive Lewisville TX 75057 Phone: 1-800-248-9427 Email: privacyoffice@luxotticaretail.com
Consent to Contact Text Messages
By using this website, you agree to the following statement:
"I agree that by providing my telephone number and opting in to receive text messages in any submission on Frames Direct's website, I provide my signature consenting to receive contact from Frames Direct at the number I provided regarding products or services via live, automated or prerecorded call, text, or email. I understand that I am not required to enter into this agreement as a condition of purchase. I can revoke this consent by texting STOP to 98634."
You may receive texts from Frames Direct regarding your account, purchases, or special offers from Frames Direct. Message and data rates may apply. The maximum number of messages per month will vary based on the subscription list you have enrolled in. You can unsubscribe at any time by texting STOP to 98634. You will receive a text confirming that you have been unsubscribed. If you have questions, contact Us.
Frames Direct will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier's name, the date, time, and content of your messages, and other information you provide to Frames Direct as part of this service. Frames Direct may use this information to contact you and provide the services you request from Frames Direct. We may also use this information as described in the subscription list you have enrolled in.
Emails
By including your email in any submission, you are extending an express invitation to Luxottica of America Inc. to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete.
Voice recording and monitoring consent
You agree and consent that Frames Direct may record or monitor communications made by you during any calls you make to the Website as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws that regulate call monitoring and recording. By calling the Website, you expressly consent and grant it the right to record or monitor and use this information for the purposes set out in the Privacy Policy. The Website is under no obligation to monitor or record its services for accuracy, completeness, or quality.
This section limits the right to participate in any form of class action.
You and Luxottica agree that, except where prohibited by applicable law, each of us may bring claims that relate to or arise from your use of or access to our website, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., the Illinois Biometric Privacy Act, 740 ILCS § 14/1 et seq., the Texas Capture or Use of Biometric Identifier Act, Bus. & Com. § 503.001 et seq., and other federal and state telemarketing and privacy laws. If a court decides that this prohibition of class and representative actions and non-individualized relief is invalid or unenforceable, then the remainder of the Agreement will continue to apply.
//End Terms of Use//
Please read these terms and conditions of sale ("terms of sale") carefully. These terms of sale apply to you, the user of www.framesdirect.com (the "Services") and the purchaser of goods ("you"), and your purchase of any products from Luxottica of America Inc. ("Luxottica of America Inc.," "Frames Direct," "we," or "us"), through the Services. These terms are subject to change without prior written notice at any time, at Frames Direct's sole discretion. By placing an order for products through the site, you agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale, as well as our terms of use, returns policy, lens and frames guarantee, and privacy policy ("Additional Policies").
You will receive a custom ETA from your Customer Service Representative, which represents the processing time for your order. Shipping and delivery times vary and are based on the carrier and shipping speed you select. We do our best to ensure timely deliveries, but please note that shipments can occasionally be delayed due to major holidays or unforeseen circumstances. Tracking numbers will be provided for all orders.
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