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Terms of Use

(EFFECTIVE AS OF FEBRUARY, 2024)

TERMS OF USE

To download and/or print these Terms of Use (“TOU”), click here.

IMPORTANT - These TOU together with our Privacy Policy, terms of sale and returns and exchange policy ("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”, “us”, “we”, or “our”), as owner of Sunglass Hut (the “Website”), and govern your use of the Website

BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO A CLASS ACTION WAIVER. Please read this TOU carefully before using the Website and any online services software or apps (collectively “Services”) provided by Luxottica 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. 

Luxottica may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on our Website without notice to you. Your continued use of our website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit our Website, check to see if a new version has been posted.

  • SUNGLASS HUT LOYALTY PROGRAM “THE SUN CLUB” TERMS & CONDITIONS
  • LICENSE GRANT
  • USER REPRESENTATIONS
  • PROPRIETARY RIGHTS
  • CONTENT
  • INFORMATION ABOUT THE WEBSITE AND THE GOODS
  • PROCEDURE FOR ALLEGING COPYRIGHT INFRINGMENT
  • CREATING AN ACCOUNT
  • RESTRICTIONS
  • PRIVACY POLICY
  • CONSENT TO CONTACT
  • AVAILABILITY AND CONTINUITY OF SERVICE
  • LINKS TO OTHER SITES
  • WARRANTY DISCLAIMER
  • HEALTH DISCLAIMER
  • LIMITATION OF LIABILITY
  • INDEMNITY
  • ENFORCEMENT
  • TERM AND TERMINATION
  • WAIVER & SEVERABILITY
  • DISPUTE RESOLUTION: PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
  • APPLICABLE LAW & VENUE
  • INDEPENDENT PARTY
  • ENTIRE AGREEMENT
  • NO ASSIGNMENTS
  • UPDATES TO TERMS AND HEADINGS
  • TERMS AND CONDITIONS OF SALE
  • PURCHASING GOODS
  • CANCELLING AN ORDER AND RETURNING OR EXCHANGING GOODS
  • GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU

SUNGLASS HUT LOYALTY PROGRAM “THE SUN CLUB” TERMS & CONDITIONS

Effective:  January 30th, 2024 

WELCOME TO THE SUNGLASS HUT LOYALTY PROGRAM “THE SUN CLUB” (“LOYALTY PROGRAM”)! THESE TERMS AND CONDITIONS EXPLAIN HOW MEMBERS LIKE YOU CAN EARN POINTS AND GAIN BENEFITS THROUGH THE LOYALTY PROGRAM. 

By joining the Loyalty Program, you agree to be bound by these Terms and Conditions (“Loyalty Terms”). In addition, you agree to be bound by the www.sunglasshut.com/us Privacy Policy and Terms of Use. The Notice of Financial Incentive can be found in www.sunglasshut.com/us Privacy Policy. 

Luxottica of America Inc. (“Luxottica”) reserves the right to update, modify, cancel, or terminate the Loyalty Program, and/or any feature at any time (including Points as defined below) and these Loyalty Terms without any notice or further obligation to you. Luxottica may make changes to the Loyalty Program even if such changes affect your ability to accrue Points and redeem Benefits. Changes can be made without advance notice. 


LOYALTY MEMBERSHIP

  1. Eligibility
    You must be 16 years or older and a resident of the United States to be eligible for membership. Membership in the Loyalty Program is limited to individuals only and is limited to one loyalty account per individual and per email address. Employees of Luxottica, its parent companies, affiliates, subsidiaries, suppliers, advertising and promotion agencies, and anyone else connected with the product and distribution of this Loyalty Program and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household of each are not eligible to participate in the Loyalty Program.
  2. Enrollment

    There is no cost to join the Loyalty Program. Members can join online, instore, or through the Sunglass Hut Customer Care at 1-800-786-4527. If the member joins online, the member will open an online account (“online Loyalty My Account”) at www.sunglasshut.com/us (“Website”) by providing enrollment details (first name, last name, email address and password). If the member enrolls instore or via Customer Care, he will be asked to provide enrollment details (first name, last name, email address) and he will be invited to create an online Loyalty My Account with his registered email. After he logs into his online Loyalty My Account, he will have access to a summary of his loyalty information including Membership Tier and current Points Balance. He also may be able to redeem some Benefits through his online Loyalty My Account.    

    By subscribing to the Loyalty Program, you agree to receive marketing messages from & about The Sun Club Loyalty Program. Consent to marketing messages can be revoked at any time via your online Loyalty My Account, by asking an associate instore or by contacting Sunglass Hut Customer Care at 1-800-786-4527.
     

    Revoking Membership 
    Luxottica may revoke any Loyalty Membership in the Loyalty Program at any time if such member engages in abuse of the Loyalty Program or fails to follow the Loyalty Terms or the rules of the Loyalty Program such as the terms and conditions related to Points or Benefits. Fraud or abuse relating to the accrual of Points or redemption of Benefits will result in revocation of Loyalty Membership in the Loyalty Program and will affect a member's eligibility for participation in any other Luxottica program. Revocation results in a forfeiture of all Points and Benefits. The interpretation and application of the Loyalty Program's Loyalty Terms and rules are at the sole discretion and determination of Luxottica. Members are responsible for remaining knowledgeable about the Loyalty Terms. 

  3. Loyalty Membership Management

    Members must keep their personal information on their Loyalty profile up-to-date. You can edit or update your personal information through your online Loyalty My Account, instore, or by contacting Sunglass Hut Customer Care at 1-800-786-4527. If you believe there is an error in your Loyalty profile or it has been the subject of any suspicious activity, immediately contact Sunglass Hut Customer Care at 1-800-786-4527. Luxottica assumes no responsibility for errors caused by incorrect member information. 

    The information you provide as a member of the Loyalty Program will be handled according to Sunglass Hut Privacy Policy. If you have questions about the Sunglass Hut Privacy Policy, you can contact us at privacyoffice@luxotticaretail.com

    Loyalty Memberships are not transferable. 

    Luxottica is not responsible for use of a member's Loyalty Membership in the event a member's Loyalty Membership is stolen and the Loyalty Membership is used or the Benefits are redeemed prior to the member informing Luxottica that the member's Loyalty Membership has been stolen.

  4. Loyalty Membership Cancellation
    You may cancel your Loyalty Membership at any time via your online Loyalty My Account, by asking an associate instore or by contacting Sunglass Hut Customer Care at 1-800-786-4527. Upon cancellation, any Points accrued will be forfeited and no further Benefit can be redeemed. Membership can be restored within 10 days from the loyalty membership cancellation request to keep Points accrued and the access to the Benefits.


POINTS

  1. General

    Members can earn Loyalty Program Points (“Points”) with the purchase of qualifying products from Sunglass Hut branded retail stores located in the United States or online at www.sunglasshut.com/us or by fulfilling “Accrual Missions” (see II.4 paragraph for exclusions). 

    For each dollar spent on qualifying products and services, members will receive a certain number of Points based on the active rules in that specific moment and purchasing channel. When a member makes a qualifying purchase using a gift card (payment method), the member will earn Points on the amount of the purchase. 

    From time to time, Luxottica may run certain bonus points promotions (“Bonus Point Promotions”). Bonus Point Promotions are subject to the terms and conditions of the offer and may be offered at any time in Luxottica’s sole discretion. 

    For non-transactional points accrual, the members will be invited to complete some actions (“Accrual Missions”), online or instore, that will grant them Points. The members will be informed about the available and completed Accrual Missions from their online Loyalty My Account. 

    Points accrual rules can be changed at Luxottica’s sole discretion at any time. 

    To earn Points you must be (i) a registered member of the Loyalty Program and provide the Loyalty Card number and the email address associated with a registered Loyalty Membership or (ii) join the Loyalty Program at the same time as the purchase or, for online purchases, immediately after the purchase from the thank you page.  

    Points are only a measurement of your participation in the Loyalty Program. Use of the word “earn” in marketing materials or these Loyalty Terms in relation to Points shall mean to collect Points as a measurement of participation in the Loyalty Program and does not mean that the Points have any value. Points are non-transferable and cannot be redeemed for cash. Points are not your property.  Points may not be transferred by operation of law, such as by inheritance or in bankruptcy. The sale, resale, or barter of Points is prohibited and may result in the forfeiture of your Points as well as termination of membership, which in each case shall be final and conclusive. 

    A member's Points balance, as reflected in Luxottica’s records, shall be deemed correct. Luxottica reserves the right to determine the amount of Points in any member's Loyalty Profile based on Luxottica’s internal records related to such member's Loyalty Profile.  

    Members can check their Points Balance at any time via their online Loyalty My Account, by asking an associate instore or by contacting Sunglass Hut Customer Care at 1-800-786-4527.

  2. Points Expiration
    Points are valid for a period of 24 months rolling and expire on the last day of the calendar month in which they were earned (i.e., if points are earned on 8/14/2024, they will expire on 8/31/2026).  

    In addition, Points will automatically expire if your Loyalty Membership is revoked or otherwise cancelled.

  3. Timing of the addition of Points to Loyalty Profile
    Points will be earned on the date of the relevant purchase or on the date the Accrual Mission is completed, regardless of when the Points are added to your Loyalty Profile. The timing for issuing Points is subject to change.

  4. Exclusions
    Members will not earn points on purchases of Sunglass Hut services and gift cards. Members will earn points only on USA Sunglass Hut retail stores, Sunglass Hut stores at Macy's are excluded: the full list of Sunglass Hut branded retail stores located in the United States that participate to the Loyalty Program can be found in Annex 1 that will be periodically updated. Sunglass Hut Points will not be earned for shipping charges and all taxes, including without limitation, federal, state, and local taxes or use taxes.  Points will not be earned on any discounts or other credits offered in connection with a product or services. For example, if a product that is normally $100 is on sale for $75, a member will only earn Points on the purchase price of $75. All purchases made: (i) without identifying themselves as a member of the Loyalty Program, or (ii) without providing an email address associated with a registered Loyalty Profile and a Loyalty Card are not eligible to earn Points. All purchases made by a member prior to such member joining the Loyalty Program are not eligible to earn Points.  For online purchases, if a member joins the Loyalty Program immediately after the purchase - from the thank you page - the member may earn Points on the purchase; if not, then the purchase is not eligible to earn Points.

  5. Returns
    Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the member's Point balance in an amount equal to the Points earned for the original transaction, including bonus Points.  The reduction in Points may result in a change in Tier Status.


BENEFITS

  1. General

    The reach of a Membership Tier gives members access to the Benefits offered by that tier. Benefits may vary by tier and some tiers may have more benefits than others. Benefits are only available at Sunglasshut branded retail stores located in the United States (Sunglass Hut stores at Macy's are excluded) that participate to the Loyalty Program and online at www.sunglasshut.com/us. Each benefit may be subject to its own terms and conditions. The terms and conditions may govern among others any of the following: how often the benefit may be redeemed, how the benefit can be redeemed, and when a benefit is valid.   

    Benefits can be changed at Luxottica’s sole discretion at any time. Non redeemed benefits will no longer be available once Luxottica decides to exclude them from the list of available benefits.


  2. Tiers of Membership


    The Loyalty Program is free to enroll and offers four tiers of membership based upon the number of Points earned by a member.

    Name of Tier

    Number of Points Needed to Qualify for Tier

    Benefits example*

    Tier 1 - Silver

    0 - 4,999

    • Welcome offer  
    • Access to exclusive products

    Tier 2 - Gold

    5,000 - 9,999

    • Free gift with purchase 
    • Gold members gift card

    Tier 3 - Platinum

    10,000 – 14,999

    • Welcome gift 
    • Free expedited shipping for ecommerce orders

    Tier 4 - Diamond

    > 15,000

    • Exclusive branded gifts 
    • Member only VIP experiences

    *Benefits examples are illustrative and non-binding.

    On the date the member reaches the required Points Balance, they will be granted the corresponding Tier status. 

    On December 31 of every calendar year, a member’s tier will be adjusted based upon the number of Points remaining in the member’s Account. On the following day (January 1), the member will be granted the tier status commensurate with the number of Points in the member’s Account as of December 31.     

    After reaching a specific tier, the member could have to wait to access some Benefits that will be “frozen” for a period of time (e.g. 15 days) to allow time for product return or exchange. If their Membership Tier level is lowered, they will no longer be able to take advantage of the benefits of the higher tier.


ADDITIONAL TERMS

  1. Indemnity
    You agree to indemnify and hold Luxottica and its officers, agents, employees and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Loyalty Program.
  2. Limitation of Liability
    UNDER NO CIRCUMSTANCES SHALL LUXOTTICA OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE LOYALTY PROGRAM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LUXOTTICA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THE LOYALTY PROGRAM, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE LOYALTY PROGRAM, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL LUXOTTICA BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).
  3. Disclaimer of Warranties
    YOU EXPRESSLY AGREE THAT YOUR USE OF THE LOYALTY PROGRAM IS AT YOUR SOLE RISK.  THE LOYALTY PROGRAM IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. LUXOTTICA AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, 'THIRD PARTIES'), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THE LOYALTY PROGRAM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER LUXOTTICA NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE LOYALTY OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE LOYALTY PROGRAM. NEITHER LUXOTTICA NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE LOYALTY PROGRAM OR THE PRODUCTS OR SERVICES OFFERED FOR SALE.  LUXOTTICA AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LUXOTTICA OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
  4. Applicable Law
    The Loyalty Program is created and controlled by Luxottica of America Inc. The laws of the State of Ohio will govern the Program without giving effect to any principles or conflicts of laws.  All claims arising out of or relating to these Loyalty Terms will be litigated exclusively in the federal or state courts of Hamilton County, Ohio.
  5. Our Access to Your Account

    In order to improve your experience, to help with fraud identification, and to assist our Customer Care Representatives in resolving issues you may experience with the Loyalty Program, we use tools to monitor certain user experience information. This includes: login information, IP address, data regarding pages visited and ads clicked, specific actions taken on pages visited (e.g. information entered during checkout process), and browser information. You hereby grant Luxottica and its parent, sister, subsidiary or affiliated companies the right to monitor your Loyalty Account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of your Loyalty Account. 

    For information or other questions, see information on how to contact us or call Sunglass Hut Customer Care at 1-800-786-4527.

LICENSE GRANT

The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Luxottica, our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Luxottica, our licensors or certain other third parties, and is protected by US and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible.  Luxottica owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Luxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Services in any manner not expressly permitted herein. In addition, this license does not include any use of data mining, robots, or similar data gathering and extraction tools nor any attempt to violate or any violation of the Website’s security or attempt to interfere or any interference with the Website’s ability to work properly.

USER REPRESENTATIONS

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 16 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 16 and no person under the age of 16 may use the Website. If you use the Website, you are confirming that you are at least 16 years old. This Website is directed at users in U.S. only (and ships product to U.S only).

PROPRIETARY RIGHTS

This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. Sunglass Hut, the Sunglass Hut logo(s), and all other names, logos, and icons identifying Sunglass Hut and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Services may be the trademarks and/or service marks of their respective owners

CONTENT

  • 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 Luxottica ("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 Luxottica a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, re-sell, 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 Luxottica 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 us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Luxottica 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 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; according, you acknowledge and agree that your User-Generated Content is submitted at your own risk.

INFORMATION ABOUT THE WEBSITE AND THE GOODS

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 at the information found at the following link https://www.sunglasshut.com/us/sunglasses/contact-us.



PROCEDURE FOR ALLEGING COPYRIGHT INFRINGMENT

If you are a copyright owner who would like to send us a notice to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement, you may submit such notice to us by contacting us here: OnlineIPenforcement@luxottica.com.

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:

  1. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  2. Identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
  3. Your name, address, telephone number and email address;
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
  6. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Our agent for notice claims of copyright infringement on the Website can be reached as follows:

Luxottica of America Inc
Legal Department

4000 Luxottica Place
Mason, Ohio 45040
Email: OnlineIPenforcement@luxottica.com.


CREATING AN ACCOUNT

If You register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us at https://www.sunglasshut.com/us/sunglasses/contact-us of any unauthorized use of Your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. We may suspend or close an account for fraudulent condition and/or violations of these TOU. You will not sell, transfer, or assign your account or any account rights.  In addition, accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

RESTRICTIONS

You agree not to modify, distribute, disclose or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or in any case reproduce, copy, use or provide the Services, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.


PRIVACY POLICY

Please review Luxottica's Privacy Policy for this Website found at https://www.sunglasshut.com/us/sunglasses/privacy-policy for a description of Luxottica's personally identifiable information (“PII”) collection and use practices. By using the Service and visiting the Website, you also acknowledge, agree and consent to our PI collection and use practices as described in our Privacy Policy.


CONSENT TO CONTACT

Text Messages

By using this Website, you agree to the following statement:
“I agree that providing my telephone number and opting in to receive text messages in any submission on the Website, I provide my signature consenting to contact from Sunglass Hut 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 [74488].
You may receive texts from Sunglass Hut regarding your account, purchases, or special offers from Sunglass Hut. Message and data rates may apply. 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 [74488]. You will receive a text confirming that you have been unsubscribed. If you have questions, reply HELP to [74488] or contact Sunglass Hut at [1.800.786.4527]
Sunglass Hut 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, and the date, time, and content of your messages and other information you provide to Sunglass Hut as part of this service. Sunglass Hut may use this information to contact you and provide services you request from Sunglass Hut. Sunglass Hut 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. 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 Luxottica. may record or monitor communications made by you during any calls you make to us 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. Luxottica is under no obligation to monitor or record its services for accuracy, completeness, or quality.

AVAILABILITY AND CONTINUITY OF SERVICE

You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend, terminate, or eliminate the Services, (ii) disable any access to the Services, and/or (iii) restrict, suspend, or terminate your  account for any reason.

LINKS TO OTHER SITES

We are not responsible for third parties or their content, advertisement(s), apps or sites (Third-Party Services”).  Our Services may facilitate access to other sites or on-line social media networks or pages for your convenience. These Third- Party Services have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control. This may include the ability to register or sign into our Services third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services.  Use caution when dealing with third parties and consult their terms of use and privacy policies.  We take no responsibility for Third-party Services.  Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these Third-Party Services.  Moreover, inclusion of any links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. 

WARRANTY DISCLAIMER

WARRANTY DISCLAIMER. AS PERMITTED BY APPLICABLE LAW  AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS.  SOME LAWS MAY NOT PERMIT CERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

HEALTH DISCLAIMER

ANY GENERAL HEALTH INFORMATION ON THIS WEBSITE IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTED TO A PROFESSIONAL HEALTHCARE PROVIDER

LIMITATION OF LIABILITY

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, OR USER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

INDEMNITY

As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Services; (ii) any User-Generated Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Services.

ENFORCEMENT

You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Luxottica, such injury would not be quantifiable in monetary damages, and Luxottica would not have an adequate remedy at law. You therefore agree that Luxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.

TERM AND TERMINATION

This TOU will take effect at the time You begin using the Services. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, and this sentence of this Section 16, will survive the termination of this TOU for any reason.

WAIVER & SEVERABILITY

Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

DISPUTE RESOLUTION: PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF

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.


APPLICABLE LAW & VENUE

a. The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the website shall be applicable federal laws and the laws of the State of Ohio, USA, without regard to principles of conflict of laws. You agree that all matters relating your access to or use of the website, including all disputes will be governed by the laws of the United States and by the laws of the State of Ohio.


b. Any action relating to use of this website or any transaction must be brought in the state or federal courts serving Warren County, Ohio, for any lawsuit or court proceedings permitted under this Agreement. You consent and submit to the personal jurisdiction of such courts for the purposes of any such actions. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

INDEPENDENT PARTY

You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of this TOU or your utilization of the Services.

ENTIRE AGREEMENT

This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Services represent the entire agreement between You and Luxottica with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Services.

NO ASSIGNMENTS

You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.

UPDATES TO TERMS AND HEADINGS

Update to Terms
Luxottica may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

Headings

Headings are for convenience only.

TERMS AND CONDITIONS OF SALE

Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale apply to you, the user of https://www.sunglasshut.com (the “Services”) and the purchaser of goods (“you”), and your purchase of any products from Luxottica of America Inc. (“Luxottica,” “we” or “us”), through the Services. These terms are subject to change without prior written notice at any time, in Luxottica’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, warranty policy and privacy policy (“Additional Policies”).

PURCHASING GOODS

a. Placing your Order

  1.  Once You have selected the goods which You would like, You will be asked to register your personal details with us by completing a registration form. Registration is not required; however We encourage registration in order to facilitate the checkout process during future orders on the Services.
  2. By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.
  3. When You place an order for goods via the Services, your order constitutes an offer to purchase goods from us. Where You order more than one item, your order comprises a series of offers for each item individually.
  4. After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Services. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
  5. By placing an order with us, you represent and warrant that you are legally capable of signing binding agreements.

b. Order Acceptance

  1. Although we hope to be able to supply all goods ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject your order, we will notify you as soon as reasonably possible (and, if payment has occurred, we would refund your payment).
  2. If you submit an order for prescription eyeglasses, you represent that you are not registered blind or partially sighted and accept that you will be required to submit details of a prescription from a suitably qualified person obtained within the last 24 months and, when requested, any other detail of your current prescription (including any notes on the prescription). Your order will be subject to receipt and verification of such prescription. You consent to us contacting your optician to verify your prescription. If considered necessary or appropriate before an order is accepted, we have absolute discretion: (a) to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription; (b) to request that you obtain your pupillary distance measurement from your optician; or (c) request that you obtain a new written prescription from your optician.


c. Payment

  1. We will take payment from your credit card, gift card, Paypal account and other future forms of payment available at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order (the “Invoice Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time.
  2. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Services at the time you place your order. Applicable taxes and the delivery fee will be added at the time you place your order, but will not affect the base price of the goods.

d. Shipping and Delivery

  1. After we send you your Order Confirmation e-mail, we will send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider’s website and obtain an estimated delivery date.
  2. The goods will be delivered by a delivery service provider to the delivery address specified by you during the order process. Once the goods have been delivered to the address you provided, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction.

Please allow up to 3 business days for your order to process before it ships and 2 more days for delivery. 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.


CANCELLING AN ORDER AND RETURNING OR EXCHANGING GOODS

a. You may cancel your order within one hour from its placement

b. Items returned for refund or exchange must be returned to us the same way we sent them to you – in the same condition and with all original contents. If we receive returned items in a condition that doesn't meet our return requirements, we will decline the return. Should you submit a non-compliant return, you authorize us to charge you for the full amount of the non-compliant return using your original payment method and/or to reverse any refunds previously issued. Returns must be shipped back within 30 days of receiving your items. Refunds will be issued after the returned product is received. We do not take title to returned or exchanged items until the item arrives at our fulfillment center. Please see our Returns and Exchange policy https://www.sunglasshut.com/us/sunglasses/returns for more information about returning or exchanging the goods.

c. We explicitly reserve the right to reject any order and/or cancel any purchase at any time, subject to any applicable refund, and/or refuse a return: (i) the goods are not available/not in stock; (ii) the data you provide to us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) we have reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the goods; (vi) we have reason to believe that you are under the age of majority in your jurisdiction of residence and do not have parental consent; or (vii) we cannot deliver the goods to the address you have provided.

GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU

a. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, OR ANY GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

b. Warranties. AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY POLICY

(I) THIS WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBISTE ARE PROVIDED ON AN “AS-IS” BASIS; AND (II) LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

c. Events Beyond Our Reasonable Control (Force Majeure). We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.

d. Waiver. Delay in our exercising or our failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.

e. Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.

f. Privacy. Personally identifiable information that you provide to us during the order process will be used  in accordance with our Privacy Policy.

g. Transfer. Luxottica may assign, transfer, or subcontract any of our rights or obligations under these Terms of Sale to any third party at our discretion.

h. Governing Law. As detailed above in s. 18 & 19 of the Terms of Use.

© 2024 SUNGLASS HUT. All Rights Reserved.


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