Terms & Conditions

AO Lifetime Warranty

We believe things should be built to last. AO Eyewear offers a lifetime warranty on all solder points that fail due to manufacturer’s defects. 

This warranty does not cover normal wear and tear, including scratches on the lenses, broken lenses, or damage caused by abuse or mishandling. Please note that the following wear and tear items carry a one year warranty: plating, nose pads, and temple tips.

This warranty applies only to AO Eyewear sunglasses purchased from authorized AO Eyewear dealers and is valid for the original purchaser only. Return shipping instructions will be provided after submitting the form below.

Lens Standards

This product complies with the European Regulation UE 2016/425 in conformance with the EU standard EN ISO EN ISO 12312-1:2013/A1:2015. The lens filter category is shown on www.aoeyewear.com and explained in a table in this leaflet. Warning: Not for use as eye protection against mechanical hazards, during which the sunglasses could break, causing injury to the face and eye. Not for direct observation of the sun or viewing of solar eclipses. Not for protection against artificial light sources e.g. solaria. Do not use with sunbeds. Not suitable for driving in twilight or at night. Only use original parts. Care: Clean lenses with soapy water, dry with a soft cloth. Avoid dirty or abrasive cloths to protect against scratched lenses and maintain quality compliance. Should visible damage occur, replace the product. Store in a case in a dry place at a temperature between -10* C and +35*C when not in use. The Declaration of Conformity is available here.

Replacement Parts

Individual replacement parts are not available for purchase; however, all original components of AO sunglasses are protected from a manufacturer’s defect by AO Eyewear’s lifetime warranty.

Proof of Purchase

Proof of purchase must be included with your return. Examples of proper proof of purchase are: your packing slip/invoice from www.aoeyewear.com or your receipt from an authorized AO Eyewear dealer.

Unauthorized Dealer Alert

AO Eyewear believes that the best way to select and purchase American Optical eyeglasses or sunglasses is at an authorized retail store where you can see the latest American Optical collection and be expertly fitted.

If you choose to order AO Eyewear online we recommend only purchasing through a website that is an authorized American Optical dealer. A list of all authorized AO Eyewear dealers can be found here.

AO Eyewear takes great care to ensure that our authorized dealers offer you the very best products and service. Unauthorized sites may sell counterfeit or second-hand glasses and cannot guarantee the quality AO is known for. Therefore, AO eyewear purchased from an unauthorized dealer is not eligible for care under the AO Eyewear lifetime warranty.

Unauthorized copies or reproductions of any articles, photographs, or moving images on this site are strictly prohibited. Please note that AO Eyewear cannot be held responsible for any claim or promise made on external sites or elsewhere by individuals or organizations other than AO Eyewear & global subsidiaries.

Returns & Exchanges

AO Eyewear offers free returns and exchanges within 30 days of purchase for orders shipped within the USA. AO sunglasses must be sent in original purchase condition and packaging for full credit.

We only accept returns and exchanges on items purchased from www.aoeyewear.com. Items purchased from authorized AO Eyewear retailers must be returned to the original place of purchase. Final sale items and orders shipped internationally (outside of the US) are final sale.

To start a return or exchange, just email contact@aoeyewear.com. Please include your name, order number, order date, and reason for the return. We will get back to you with an RMA number and free return shipping label for qualifying orders.

A return confirmation will be sent to you as soon as your return is processed and a credit will be made in the original form of payment used. Returns are typically processed shortly after they are received.

Accepted Payment Methods

AO Eyewear currently accepts American Express, Discover, Mastercard, Visa, Apple Pay, Google Pay, and Paypal online. Please note that we also accept international credit cards.

Privacy Policy

We respect the privacy of the visitors to the AOEyewear.com website and the websites connected with it. We take great care to protect your information. This privacy policy tells you what information we collect and how we may use it as well as the steps we take to ensure that it is protected.

What kind of information do we collect?

• There are cases where AO Eyewear may ask you for personal information, such as your name, address, date of birth, gender, email address, etc. We do this for instance when you register for contests/promotions, respond to communication such as e-mail, and for services that require registration or subscription. If you would like to be on our mailing list, we will ask you to actively opt-in. We might also collect personal information from you about a third party, for instance if the website allows you to send an email referring someone to our site or an active promotion, in which case we need to know the name and e-mail address of the recipient. That information will only be used for the specific purpose (delivering the email) and AO Eyewear will not further contact the third party unless the third party contacts us.
  • We may use ‘cookies’ to gather information about your visits to our website and enhance your experience. You can find more information on how we use cookies in the section ‘Use of Cookies’.
  • When you visit our website we may collect so called ‘click stream’ data (server address, domain name etc). This information can be combined with information you have provided to us (for instance by registering), which will enable us to analyze and better customize your visits.

Use of visitors’ information

• All personal information that we obtain about you will be recorded, used and protected by us in accordance with current data protection legislation and this privacy policy. We will primarily use your personal information to provide products and services to you and, for example:
  • To administer a contest, promotion, survey or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest). You may be contacted by phone or email.
  • To send you information/materials via e-mail or sms-messages about products, offers and news we think could interest you. This information may relate to products, offers and news of AO Eyewear and/or its licensees or carefully selected commercial partners. We only send you this if you have opted-in to receive AO Eyewear e-mails and/or sms messages. In case you do not want to receive any e-mails and/or sms messages from us anymore, or if you want to modify you personal data or want your personal data to be deleted from our database, we refer you to the ‘Opt-out, delete or modify personal information’ section below
  • To analyze visits to the website and learn about the interests of our visitors in aggregate and also on personal level to better understand your interest and need, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.

Who manages visitors’ information

• The global website for AO Eyewear – www.aoeyewear.com – and the information collected, are managed and controlled by AO Eyewear. The servers that make the global website of AO Eyewear available are located in the USA. If you are located outside the USA, please note that the information you provide will be transferred to the USA and by submitting the information you authorize this transfer. AO Eyewear has entered into an agreement with a hosting company in the USA to provide sufficient safeguards for the protection of your data. Personal information will be handled in accordance with current data protection legislation and this Privacy Policy.

Protection of visitors’ information

• In order to protect the information you provide to us by visiting our website we have implemented various security measures. Your personal information is contained behind secured networks and is only accessible by a limited number of people, who have special access rights and are required to keep the information confidential.
• Please keep in mind though that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While AO Eyewear strives to protect its user’s personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

Children’s privacy

• When a child tries to submit his/her registration he/she will be asked to submit the same kind of information as indicated in the above section ‘Information we collect from visitors’. Furthermore the information provided by the child and gathered (for instance through the use of cookies) during his/her visit may be used as indicated in the said above section.

Disclosing personal information to third parties

• Except as described in this policy, we do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance and in accordance with applicable data protection law. Your data may be transferred to web site hosting partners and other parties who assist us in designing and operating the website, executing services (for instance prize fulfillment) or help us analyze collected data. These parties will only use your data for the purpose of carrying out the work as indicated and will be required to keep the information confidential. We will also release personal data without consent if such is required by law, for security purposes, or to prevent imminent harm.

Links to third parties

• For your convenience and to improve the usage of the website we insert links to third parties, for which this privacy policy does not apply. These links take you outside our service and off the AO Eyewear site and are beyond our control. This includes links from partners that may use AO Eyewear logos as part of a co-branding agreement or sell AO Eyewear products. The sites you can link to have their own separate privacy policy and although we seek to protect the integrity of our site, AO Eyewear is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites is therefore entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information.

Use of cookies

• A cookie is a small string of information that the website that you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used to remember for instance your user name and password. aoeyewear.com includes a pixel that enables cookies to be dropped onto your device. These cookies may be used to target ads to site visitors on third party websites within Hibu’s network. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (like Internet Explorer). There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it’s possible then that you do not have access to some of the features on the website. To learn more about your choices and rights in managing cookies, visit www.youradchoices.com, which explains behavioral targeting in more detail, and will allow you to opt out of being targeted for any behavioral advertising by any member of the Internet Advertising Bureau, including Hibu.

Opt-out, delete or modify personal information

• You may cancel your registration at any time, and you can choose to opt-out of receiving any emails from AO Eyewear. Additionally you can choose to have all your personal information deleted from our database. You may cancel your registration at any time, and you can choose to opt-out of receiving any e-mails messages from AO Eyewear. Additionally you can choose to have all your personal information deleted from our database. If you want to opt-out, delete or modify your personal information, please visit the registration page. We encourage you promptly to update your personal information if it changes.

Changes to the policy

• We may from time to time need to amend this policy, due to changes in regulations and to keep up with new developments and possibilities on the Internet. We therefore reserve the right at our discretion to make these changes and ask you to check this page periodically, as you are bound by these changes when visiting our website.

How you can contact us

• If you have any questions or comments relating to our website and/or the privacy policy, please contact us or write to us: AO Eyewear, 255 Corporate Woods Parkway, Vernon Hills, IL 60061

Your consent

• By using the AO Eyewear website you signify that you agree to the terms of this Privacy Policy. If you do not agree with the terms of our Privacy Policy, please do not provide us with personal information and leave this website.

Online policy

• The Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond AO Eyewear’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through our website and not to information collected offline.

Virtual try-on policy

• Your optional use of the virtual try-on solution live on this site is made available by FITTINGBOX (the “Services”). The Services are subject to the FITTINGBOX Data Privacy Policy (the “Policy”). By using the Services, you hereby grant FITTINGBOX access to your webcam for the sole purpose of providing the Services, only for as long as you are using the Services. For more information, please see the Policy below:
  • When you use the Services, FITTINGBOX may operate a scan and/or a reconstruction and/or a change in the appearance of your face.
  • The Service operates only as an estimation of a standard 3-dimensional face using standard mathematic points that can be found on every face (i.e., without personal data, biometric information, or biometric identifiers being collected, processed or otherwise stored). No 3D reconstruction, no facial geometry, no mapping, or similar collection or processing, is performed when the face of an end-user is detected by the Service.
  • Your image is processed live, only for the duration of the virtual try-on experience. FITTINGBOX does not store, collect, disclose or process your image, or any biometric information in connection with your image. FITTINGBOX will not sell, distribute, lease or otherwise disclose or store your personal data or your image. If you ever save a screenshot of your try-on experience, this image will be stored on your device only; FITTINGBOX cannot access this image and you are solely responsible for the security and safekeeping of the photos, content, information and data stored on your personal device.
  • In the unlikely event that FITTINGBOX were to come into the possession of personal data and/or biometric information / identifiers in connection with your use of the Services, it would permanently destroy any such data and/or information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 30 days of an individual’s last interaction with us, whichever occurs first.
  • Please note also that data or cookies may be locally saved on your computer or personal device. You can decline, disable, or delete cookies by changing the settings in preferences or options menu in your browser. Please note that declining, disabling, or deleting cookies may result in degraded operation of the Services and/or the website or the device where the Services are being used or accessed.
  • The Policy does not apply to, and Fittingbox is not responsible for, the collection, use, sharing, distribution or processing of your personal information by third-party websites and/or services, whether such websites and/or services can be accessed directly or indirectly from or through the Services.
  • This Policy may be modified from time to time by FITTINGBOX, at its sole discretion. Such modifications and updates shall be effective upon release. The latest version of this Policy may be found by clicking on the “Privacy Policy” button available on the pop-up information displayed when you activate your webcam for the purpose of the Services. If you do not agree with, or at a later date no longer agree with the terms of this Policy and/or any of its amendments, please do not use the Services.
  • BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, REVIEWED AND AGREED THESE TERMS IN THEIR ENTIRETY.
• Notice to Illinois residents:
  • Consumers residing in Illinois have some additional rights with respect to their biometric information under the Biometric Information Privacy Act (“BIPA”). If you are an Illinois resident, this section applies to you and supplements the main privacy policy.
  • This website implements a virtual try-on service (the “VTO Service”) that performs an estimation by standard mathematic points, in order to position a 3D model on Your face. Please note that this VTO Service does not collect, process or host any of Your biometric information or identifier; no facial geometry, mapping, or similar collection or processing is performed when Your face is detected by You activating or using the VTO Service.
  • Please consider also that prescription and non-prescription glasses are classified as Class I regulated medical devices by the Food and Drug Administration. Pursuant to Illinois state and recent case laws, the use of a VTO service should be considered information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations and is therefore exempt from Illinois’ Biometric Information Privacy Act.
  • However, if you are not comfortable – or not comfortable anymore – with the use of the VTO Service and any term contain in this Policy and/or the VTO disclaimer, please do not use the VTO Service

Privacy Notice for California Residents

Consumers residing in California have some additional rights with respect to their personal information under the California Consumer Privacy Act or (“CCPA”). If you are a California resident, this section applies to you and supplements the main privacy policy.

Categories of Personal Information Collected

• In the preceding 12 months, we have collected the following categories of personal information:
  • Identifiers, such as name, date of birth, email address, shipping and billing address, gender;
  • Commercial information, such as order history with AO (eg. items purchased, purchase dates, shipping dates, etc.).
• For more details about the data points we collect, please see the main privacy policy.

Business or Commercial Purpose for Collecting Information

• We collect personal information for the following business and commercial purposes: enabling purchases, subscriptions to newsletters. AO does not sell your personal information to third parties.

Categories of Sources of Personal Information

• We collect personal information (a) directly from you when you make purchases from us, interact with our Customer Service Department, sign up for an account with us or subscribe to our newsletters, (b) automatically when you make purchases from us or sign-in to our site. Please see our main privacy policy for more details.

Sale of Personal Information

• For the purposes of the CCPA, “selling” information broadly means scenarios where we have shared personal information with partners in exchange for valuable consideration. AO does not share or sell your information with any third parties. In any case, AO gives you the opportunity to confirm your will to opt out of these “sales” should AO choose to reevaluate this in the future. To “opt out” please click the “Do Not Sell My Personal Information” link at the bottom of the website page.

Your California Consumer Rights

• California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting personal information, the categories of third parties with whom we share and sell your personal information (AO does not share/sell your personal information but you have the right to ask for a confirmation on this), the categories of personal information we have disclosed and sold about you in the preceding 12 months (AO does not share/sell your personal information but you have the right to ask for a confirmation on this), and the categories of third parties to whom we sold personal information in the preceding 12 months (AO does not share/sell your personal information but you have the right to ask for a confirmation on this). If you are a California consumer, you also have the right to request deletion of your personal information (subject to certain exceptions), to opt out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights.
• Please note that any CCPA rights requests made before January 1, 2020 will be treated as if made on January 1, 2020.
• California consumers may make a rights request by calling customer service at 800-777-1173 or by sending an email to contact@aoeyewear.com. Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and account id. We will not discriminate against you if you choose to exercise your rights under the CCPA.

California Proposition 65 Warning

AO Eyewear product can expose you to chemicals including Nickel, which is known to the State of California to cause cancer, and Bisphenol A (BPA), which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov

Transparency in Supply Chain Disclosure

AO Eyewear is a registered trademark of Europa Eyewear, Inc.

Europa has adopted both a Code of Conduct and a Code of Ethics, with which employees, business partners and suppliers are expected to comply. The Codes require that all associated with Europa behave ethically and within the bounds of the law, to respect the rights of people’s dignity, health and safety, and that also denounces the use of child labor. Europa promotes the safeguarding of workers’ rights, trade union freedom and freedom of association in general.

Europa requires suppliers to comply with the laws of the jurisdiction in which the product is made and strives to ensure that the rights contemplated by the Universal Declaration of Human Rights are guaranteed in the different countries in which it operates.

Europa supervises the observance of the Code of Ethics, providing information, prevention tools and controls and assuring the transparency of its operations and behaviors, intervening with remedial actions as necessary. Compliance with the Code of Ethics is a requirement for continued employment or business relationship with Europa. Regular training is a part of employment with Europa, including that related to compliance with the law.

Terms of Use (TOU)

Important – this is a legal agreement between you (“You”) and Europa Eyewear, Inc. USA LLC S.p.A. and its subsidiaries and affiliates (collectively, “Europa Eyewear, Inc.,” “We” or “Us”), as owner of AOEyewear.com (the “website”). You should read carefully the following terms of use (“TOU”) as they govern your use of the website. These TOU are subject to change without prior written notice at any time, in Europa Eyewear, Inc.’s sole discretion. By using the website, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of this website is expressly conditioned upon your agreement to these TOU, as well as our terms of sale, returns policy, warranty policy and privacy policy (“Additional Policies”).
(effective as of 22nd October 2013)

License Grant

• Europa Eyewear, Inc. hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website 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 Website in any manner not expressly permitted herein.

User Representations

• By accessing or using the Website, You represent that You are at least eighteen (18) years old. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the Website. Furthermore, You acknowledge and agree that this Website is directed at users in the U.S. only (and ships product to U.S. only).

Proprietary Rights

• This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that Europa Eyewear, Inc. transfers no ownership or intellectual property interest or title in and to the Website 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 Website, unless otherwise indicated, are owned, controlled, and licensed by Europa Eyewear, Inc. AO Eyewear, the AO Eyewear logo(s), and all other names, logos, and icons identifying AO Eyewear and its products and services are proprietary trademarks of Europa Eyewear, Inc. 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 Website may be the trademarks and/or service marks of their respective owners.

Content Submitted by You

• From time to time We may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, We welcome your comments on our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Europa Eyewear, Inc. (“User-Posted 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-Posted 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-Posted Content, You grant Europa Eyewear, Inc. a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Submitted Content, such that Europa Eyewear, Inc. shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your 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-Posted Content. By submitting any User-Posted Content to us, You represent and warrant that You hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.

Restrictions

• You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. 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 Website, or in any case reproduce, copy, use or provide the Website, 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 Website 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 Europa Eyewear, Inc.’s Privacy Policy found at the top of this page for a summary of Europa Eyewear, Inc.’s personally identifiable information collection and use practices.

Availability and Continuity of Service

• You acknowledge and accept that Europa Eyewear, Inc. reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, and/or (ii) disable any access to the Website.

Links to Other Sites

• The Website may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by Europa Eyewear, Inc. and are maintained by third parties over which Europa Eyewear, Inc. exercises no control. Accordingly, Europa Eyewear, Inc. 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 sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

Warranty Disclaimer

• Except as otherwise expressly set forth in our warranty policy Europa Eyewear, Inc. makes no representations or warranties about the website or any goods purchased by you through the website for any purpose and expressly disclaims any express warranties including, without limitation any warranty of fitness for a particular purpose, to the fullest extent permitted by the applicable law.

Limitation Of Liability

• In no event shall Europa Eyewear, Inc. 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, whether based in contract, tort, strict liability, or otherwise. notwithstanding the foregoing, total liability of Europa Eyewear, Inc. for any reason whatsoever related to use of the website shall not exceed the total amount paid by you to Europa Eyewear, Inc. in connection with the subject matter of the particular dispute.

Indemnity

• By using this application, You agree to defend, indemnify and hold harmless Europa Eyewear, Inc. 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 Website; (ii) any User-Posted 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 Website.

Enforcement

• You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Europa Eyewear, Inc., such injury would not be quantifiable in monetary damages, and Europa Eyewear, Inc. would not have an adequate remedy at law. You therefore agree that Europa Eyewear, Inc. 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 Website. This TOUTOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOUTOU at any time by ceasing all use of the Website. Sections 3, 4, 7, 89, 10, 11, 12, 14, 15and this sentence of this Section 13, 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.

Jurisdiction and Applicable Law

• This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of New York within New York County.

Independent Party

• You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Europa Eyewear, Inc. as a result of this TOU or your utilization of the Website.

Entire Agreement

• This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Europa Eyewear, Inc. with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Europa Eyewear, Inc. with respect to the Website.

No Assignments

• You may not assign or transfer any rights under this Agreement without the prior written consent of Europa Eyewear, Inc.

Headings

• Headings are for convenience only.

Terms of Sale

Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale apply to you, the user of www.aoeyewear.com (the “Website”) and the purchaser of goods (“you”), and your purchase of any products from Europa Eyewear, Inc. . (“Europa,” “we” or “us”), through the Website. These terms are subject to change without prior written notice at any time, in Europa’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”).

• Information About The Website And The Goods
  • We try to make sure that all information on the Website, 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 Website as soon as reasonably possible and if We think that such an error has affected your order We will make all reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
  • 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 Website 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 Website 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 Website 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 models 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.

Purchasing Goods

• Placing your Order
  • 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 Website.
  • By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.
  • When You place an order for goods via the Website, 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.
  • 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 Website. Please, take care when placing your order. You will be able to amend or cancel your order within one hour of purchase through the “My Orders” page or by contacting our Customer Service at XXX-XXX-XXXX.
  • By placing an order with us, you represent and warrant that you are legally capable of signing binding agreements
• Order Acceptance
  • All orders are subject to acceptance by us. For orders for goods that are produced to your specification (such as custom sunglasses) (“Made to Order Goods”), acceptance occurs when we send out our Order Confirmations. For all other goods, acceptance occurs when we send you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). In either case, we will not be obligated to supply any goods until we issue an acceptance applicable to each good, specifically.
  • 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).
• Order Acceptance
  • We will take payment from your credit, debit 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.
  • Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Website 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.
• Shipping and Delivery
  • 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.
  • 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.

Cancelling an Order and Returning Goods

• Orders for Made to Order Goods cannot be cancelled after an Order Confirmation has been sent to you due to the fact that they have been created specifically for your use and cannot be resold by us. You may cancel your order for all other goods within one hour from its reception.
• You can decide to return product(s) purchased on AOEyewear.com within 30 days from the receipt of the parcel. Please read our Returns Policy for more information.
• We explicitly reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund: (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 18 years old and do not have parental consent; or (vii) we cannot deliver the goods to the address you have provided.
• If any goods, including Made to Order Goods, have been delivered and found to be wrongly described, or are damaged or faulty and we cannot remedy the fault to your reasonable satisfaction, then these goods can be returned, provided that you notify us of the alleged defect in within 30 days after the goods has been received. Please read our Returns Policy for more information about returning the goods.

General Terms about our Relationship with you

• Limitation of Liability
  • In no event shall Europa 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 Europa 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.
• Warranties
  • Except as otherwise expressly set forth in the warranty policy: (i) this website and all goods purchased by you through the website are provided on an “as-is” basis; and (ii) Europa 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.
• 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, 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.
• 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.
• 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.
• Privacy
  • Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.
• Governing Law
  • This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of Illinois within Cook County.

Electronic Receipt Of Communications

• To the extent permitted by applicable law, you consent to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us, including without limitation, the HIPAA Notice of Privacy Practices (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing, you represent that you have read and understand this consent to use electronic signatures and to receive Communications electronically.

Copyright Information

The information provided on this website is provided “as is” and AO Eyewear and its suppliers expressly disclaim any implied or express warranty of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of third parties.

Although AO Eyewear has attempted to provide accurate information to better serve its customers, it assumes no responsibility for the accuracy of the information. AO Eyewear may change any specifications related to its products at any time without notice and will make an effort to update this web site with any new information, but assumes no responsibility for failing to do so. Your local law may preclude the exclusion of implied warranties.

All trademarks, service marks, trade names, logos and product names of AO Eyewear used on this site are trademarks or registered trademarks of Europa Eyewear in the U.S. and other countries. AO Eyewear technology and trademarks are constantly monitored and aggressively protected by our legal team.

All other company, brand and product names are trademarks or registered trademarks of their respective holders.

©2020 Europa Eyewear, Inc. All Rights Reserved.

At AO Eyewear, we’re committed to providing a website and in-store retail experiences that are accessible and navigable to all our customers. To meet this goal, we strive to assess and increase the accessibility and usability of our website using the standards and guidelines available to us. We aim to comply with all applicable state and federal accessibility requirements as well as best practices in providing accessibility.

Many components of our website have been customized to make it more accessible and user-friendly for all of our customers. For our website, we use the guidelines of the Web Accessibility Initiative as a model. The guidelines found there provide information around making web content more accessible to individuals with disabilities. In partnership with the AO Eyewear team and our technology partners, we regularly review our site to ensure it adheres to those guidelines. By satisfying the guidelines laid out to us, we are able to ensure that aoeyewear.com is an accessible site for all our beloved customers.

If you or anyone you know should encounter any difficulty using our website or in our retail stores, have ideas about improving the usability or accessibility of our website or app, or would like to know more about AO eyewear’s commitment to accessibility, please contact us at ada@aoeyewear.com or by calling 800-777-1173.