If you live in any of the countries listed below when you enroll in a subscription to the Service, the additional terms listed for that country below apply to you. In the event of an inconsistency between the provisions in this section and any other provisions in this document, the provisions in this section will apply to the extent of the inconsistency.
Countries in the European Union
Consumer rights
For non-professional users: for details regarding dispute resolution, please follow this link to the EU Commission's Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.
In relation to Section 2 of this Agreement, if you are a consumer located in the European Union, when enrolling in a subscription to the Service, you have a statutory right to change your mind and withdraw from the contract within 14 days from the date of delivery of the Device (the “cancellation period”). By enrolling in the Service, you expressly consent to Snap permitting you to use the Service within the cancellation period and acknowledge that once the 14-day period has elapsed, you will lose your statutory right to cancel and your sole cancellation rights will be as set out elsewhere in this Agreement. If you need to cancel the Service during the cancellation period, you just need to follow the instructions provided in Section 2(a)(iv) of this Agreement. Once we receive your cancellation, you will receive an email confirmation. If you cancel the Service in accordance with this section of the Agreement during the cancellation period, you'll receive a partial refund of the payment you already made to commence the Service which will be pro-rated based on how many days into the Service you were when you cancelled.
Choice of law and jurisdiction
If you are not a professional user, any Choice of Law provided by this Agreement or by the Snap Terms of Service does not prevent the application of more protective dispositions of any other law also applicable to you.
If you are not a professional user, any Choice of Jurisdiction provided by this Agreement or by the Snap Terms of Service is not binding on you and you remain free to act before any other court which has jurisdiction.
Germany (in addition to those set out under “Countries in the European Union” above):
Nothing in this Agreement limits, excludes or modifies any statutory rights provided to you under German Law, including but not limited to German law on general terms and conditions. Further, the following provisions of this Agreement do not apply:
The following provisions of this Agreement are modified as set out below:
Clause 1. b.: Safety Alerts. We or our manufacturing partners will provide you with certain safety alerts, information, manuals, guidelines and product inserts (‘Safety Alerts’) for the Service or Device that relate to the particular safety actions you must take while using the Service or Device. The safety warnings are intended to reduce the risk of injury, discomfort and property damage. Do not operate the device if you have not read and understood the safety instructions, and do not allow other persons to use or interact with the device unless they have also read and understood the safety instructions.
Clause 1. d.: Updates. During the Subscription Period, Snap will make available patches, bug fixes, updates or upgrades (‘Updates’) to the Licensed Software that must be installed in order for you to continue to use the Device and Service. Snap will perform the Updates remotely through Snap, to which you consent. Snap will notify you of the performance of each new Update. Snap may change, suspend, replace or discontinue the Licensed Software or restrict your access to the Licensed Software at any time. If Snap does not remotely install an update, Snap will notify you that a new update is available and give you the option to install that update on the Device. If you do not install the update provided by Snap, this may result in the device or service no longer working or only working to a limited extent.
Clause 2. a.: Orders. Orders for a subscription to the Service are placed via our online store. The presentation of goods and services in our online store does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). By clicking the ‘pay now’ button in the last step of the ordering process, you are making a binding offer to purchase or book the goods and/or services displayed in the order summary. After you have placed your order for a subscription to the Service, we will process it and, if we accept your order, we will send you an order confirmation by email to the email address you provided. This email will include an estimated delivery date. We may need to carry out verifications before accepting your order. If you have any questions or notice an error in any order you place, please contact us at support@spectacles.com. All orders are subject to stock availability. In this regard, we reserve the right to refuse or cancel your subscription registration at any time.
Clause 2. viii. is added: Technical steps to conclude the agreement and notification of input errors. As part of the ordering process, you first add the desired goods or services to the shopping cart. There you can change the desired quantity or remove selected goods or services at any time. If you have placed goods or services there, you will first reach a page where you can enter your data and then select the shipping and payment method by clicking on the ‘Next’ buttons. Finally, an overview page will open where you can check your information. If you have any questions or notice an error in an order you have placed, please contact us at support@spectacles.com. If you wish to completely cancel the order process, you can simply close your browser window. Otherwise, after clicking the confirmation button ‘Order with obligation to pay’, your declaration becomes binding.
Clause 2. ix. is added: Storage of the text of the agreement. The provisions of the agreement, including information on the goods ordered and/or services booked, these General Terms and Conditions and the cancellation policy, will be sent to you by email upon your confirmation of subscription to the Service. We do not store the provisions of the agreement.
Clause 5. a.: Replacement of the device. In the event that a device provided to you is not functional during the subscription period due to defects in materials and workmanship or does not function substantially in accordance with the product documentation or materials provided, Snap will, upon receipt of a proper notification from you, either replace the device or request that you return the device, at Snap's sole discretion. In the latter case, Snap will refund any prepaid subscription fees on a pro-rata basis for the uninitiated periods. If Snap requests that you return the Device and you fail to do so within thirty (30) days, Snap may charge your account separately for the Lost or Damaged Product Fee.
Clause 5. b.: Snap's obligation under this Clause 5 of this Agreement does not extend to the following: (a) damage caused by accidents or normal wear and tear; (b) damage caused by improper storage, misuse or neglect, including but not limited to scratches, cracks or surface damage, or that are exposed to extreme conditions, including extreme heat, dirt or sand (‘misuse’ includes, but is not limited to, use in a manner or environment that is not consistent with the recommendations in this Agreement, our online user manual, safety instructions or other related materials); (c) damage resulting from use under other improper conditions ; (d) normal wear and tear of consumable parts, such as batteries, unless due to a defect in the original materials or workmanship; and (e) equipment that has been physically or electronically altered or modified, subjected to unauthorised repairs or that has software modifications made by a third party.
Clause 6. Limitation of Liability. We shall only be liable for gross negligence and intent as well as for breach of a material contractual obligation, the fulfilment of which is essential to the proper performance of this contract and on the fulfilment of which the buyer can regularly rely (‘cardinal obligation’). In the event of a slightly negligent breach of a cardinal obligation, our liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract.
Clause 7: Governing law and jurisdiction: If you are a consumer, any choice of jurisdiction provided in this agreement or in the Snap Terms of Service will not be binding on you and you may continue to bring proceedings in any other court of competent jurisdiction.
If you are a consumer, a choice of law made in this agreement or in the Snap Terms of Service will not preclude the application of more protective provisions of any other law that is also applicable to you.
Clause 8: Amendment of this Agreement. We may revise this Agreement from time to time. You are bound by the version of this Agreement in effect at the time you order your subscription to the Service, which will be provided to you when you order.
France (in addition to those set out under “Countries in the European Union” above):
Nothing in this Agreement limits, excludes or modifies any statutory rights provided to you under French Law, including but not limited to the guarantee of conformity under the French Code de la Consommation. The guarantee of conformity is available to you during the course of this Agreement. For more information on the content, the duration and the modalities of the guarantee of conformity, please see the Support Page.
Pursuant to the Code de la Consommation, you are entitled to consumer mediation to resolve disputes between us. You may choose any of the mediators listed at http://www.economie.gouv.fr/mediation-conso/saisir-mediateur under "Commerce électronique - Vente à distance". Their contact details are available at the individual mediator websites listed there.
Regarding Section 2(a)(vii) on “Shipping”, according to the French Code de la consommation, risk of loss for any Device you order from us transfers to you as soon as you receive the Device.
Disclaimer: The arbitration notification provided by Section 7 does not apply to disputes involving non-professional users, except for the waiver of your right to participate in a class-action lawsuit or class-wide arbitration. See Snap Terms of Service.
Spain (in addition to those set out under “Countries in the European Union” above):
During the Subscription Term, Snap is responsible for ensuring that the Device remains in good working condition. If the Device becomes defective or fails to function as intended during the subscription, Snap will repair or replace it at no additional cost to you. If a replacement is not provided within a reasonable time, or the defect significantly impairs the service, you may terminate the subscription without penalty.
Upon termination of your subscription, you are required to return the Device in the same condition as it was provided, except for normal wear and tear. If the Device is not returned, or if it is returned damaged beyond normal wear and tear, Snap reserves the right to charge a fee for repair or replacement, which may be up to the amount of the Lost or Damaged Product Fee depending on the extent of the damage or loss.
Snap will provide you with notice of any applicable fees for damages or non-return prior to charging your account. You will have the right to contest any fee within 15 days of receiving the notice, and Snap will provide a fair assessment of the damage or failure to return. Any contested claims will be resolved in accordance with Spanish consumer protection laws.
If Snap decides to change the subscription price, you will be notified at least 30 days in advance of the new price taking effect. If you do not agree with the new pricing, you have the right to cancel your subscription before the new pricing is applied, without penalty. If Snap terminates your subscription, refunds for any unused portion of the subscription will be issued within 14 days of the termination.
Snap reserves the right to unilaterally terminate your subscription in specific circumstances, including non-payment after prior notice and failure to remedy within a reasonable time, material breach of the agreement (such as misuse of the Device, unauthorized sale or transfer), failure to return the Device upon subscription termination, or legal obligations requiring termination. In all cases, Snap will provide at least 15 days' prior written notice to allow you to rectify any issues, except where immediate termination is legally required. You may contest any termination by contacting Snap within 15 days of receiving the notice. If termination occurs for reasons not attributable to your breach, Snap will refund any unused portion of your prepaid subscription.
Canada
To enter into this Agreement, you must both have reached the age of majority in your province or territory of residence and have the legal capacity to do so.
Canada: Quebec (in addition to those set out under “Canada“ above)
The following provisions apply to you only if you both (i) reside in the province of Quebec; and (ii) are a consumer to which the Quebec Consumer Protection Act applies. This Agreement is governed by the laws of the province of Quebec and the federal laws of Canada applicable therein.
Any reference to the “Commitment Period” in the Agreement does not apply to you.
Section 2(b)(i) is replaced by the following:
i. Payment Methods. Before you can start your subscription, you will be required to provide us or our third-party payment processor with a valid payment method and associated payment information that you are authorized to use. By submitting that information to us or our third-party payment processor, you authorize us or the payment processor (as applicable) to charge your card or other payment method when you submit your order and on a monthly (or other payment frequency stated on your checkout page when you agreed to your subscription) recurring basis for the Subscription Fee until your subscription expires, is canceled or is terminated in accordance with this Agreement. By submitting your order, you also authorize us to charge your card for (a) the actual costs we incur to repair the Device if you damage it in violation of this Agreement, and (b) the actual loss we incur to replace the Device if you do not return it within the time prescribed in this Agreement. This loss shall be quantified based on the value of the Device at that time but shall not exceed the Lost or Damaged Product Fee.
Section 2(a)(vi) is replaced by the following:
vi. Pricing & Service Descriptions. We may in our sole discretion change Service and subscription prices prospectively. In such a case, we may either, at our sole discretion, require that you consent to the changes or provide a notice of change drawn up in accordance with Applicable Law.
If we proceed by amendment by means of notice, you consent to the notice being provided to you by any means of communication for which we have your information, which means shall be determined in our sole discretion and includes your Snapchat account. In such a case, the notice will be provided to you at least 30 days in advance of the amendment coming into effect and will set out exclusively the new clause, or the amended clause and the clause as they read formerly, and the date of the coming into force of the amendment. If we provide by means of a prior notice, you may refuse the amendment and terminate the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction of ours.
If you do not agree with a proposed amendment, you must stop using the service before the coming into effect of the change. For clarity, any pricing changes will not affect any then-active subscription. While we do our best to describe the Service as accurately as possible, if any pricing or specification error occurs, we have the right to refuse or cancel your order at our sole discretion at any time prior to order confirmation (or later if the error is obvious). Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
Section 2(d) is replaced by the following:
d. Our Right to Cancel. We reserve the right to decline or cancel your subscription to the Service at any time, in accordance with Applicable Law. Without limiting the foregoing, we may need to decline or cancel your order or subscription to the Service, for example, if the Device to be provided with the Service is no longer available, if there is a pricing error, if you live in an area or at an address where we cannot or do not deliver the Device or Service, or if we suspect you of acquiring subscriptions to the Service in order to sell the Service or Device. If we decline or cancel your order, we’ll notify you at the email address you submitted with your order and, if we have already received payment from you for the canceled order, (i) in the event we have not yet shipped a Device to you, we will refund the amount we collected from you, and (ii) in the event we have already shipped a Device to you, we will refund the amount we collected from you following our receipt of the Device in its original packaging with all materials that were originally provided with the Device. In the event you do not return the Device in accordance with Section 2(e) within thirty (30) days of your receipt thereof, Snap may invoice your account as prescribed in Section 2(a)(b)(i).
Section 2(e) is replaced by the following:
e. Duties Upon Termination of Service. In the event your subscription expires or is terminated for any reason, the Device may be non-functional or its use may be significantly degraded. Upon expiration or termination of the Subscription Term, you will need to return the Device and all materials that were originally provided with the Device back to Snap within thirty (30) days of expiration or termination, as applicable. If you do not return the Device within the applicable thirty (30) day period, or the Device is deemed by Snap to be damaged upon return (ordinary wear and tear excepted), Snap may invoice you as prescribed in Section 2(b)(i).
Section 5(a) is replaced by the following:
a. During the Subscription Term, in the event any Device provided to you is rendered non-functional due to defects in materials and workmanship or fails to function substantially in accordance with any product documentation or materials provided, Snap may, following receipt of proper notice from you, in its sole discretion, either replace the Device, or request that you return the Device, in which case Snap will refund any prepaid Subscription Fee amounts on a prorated basis. If Snap requests that you return the Device and you do not do so within thirty (30) days, or if you do not return the Device within thirty (30) days of this Agreement being terminated, Snap may invoice your account as prescribed in Section 2(b)(i).
Section 6 does not apply to you.
The following Section is added to the Agreement:
Clause required under the Consumer Protection Act.
(Long-term contract of lease)
The consumer has no right of ownership in the goods leased.
The merchant shall assume the risk of loss or deterioration by superior force of the goods forming the object of this contract except where the consumer withholds the goods without right or, where such is the case, after ownership of the goods has been transferred to him by the merchant.
The consumer benefits from the same warranties respecting the leased goods as a consumer owning such goods.
Where the consumer is in default to perform his obligation in the manner prescribed in this contract, the merchant may:
(a) either exact immediate payment of that which is due; or
(b) retake possession of the goods forming the object of the contract.
Before retaking possession of the goods, the merchant must give the consumer a notice in writing of 30 days, during which time the consumer may, as he chooses:
(a) remedy the fact that he is in default; or
(b) return the goods to the merchant.
The consumer may also return the goods to the merchant at any time during the leasing period even if he has not received a notice of repossession.
If the consumer returns the goods to the merchant, the contract is rescinded of right. In such a case, the merchant is not bound to return to the consumer the amount of the payments due he has already received, and he cannot claim any damages other than those actually resulting, directly and immediately, from the rescission of the contract.
The merchant is bound to minimize his damages.
It is in the consumer’s interest to refer to sections 103, 150.10, 150.11 and 150.13 to 150.17 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
Italy (in addition to those set out under “Countries in the European Union” above)
Nothing in this Agreement limits, excludes or modifies any statutory rights granted to you under Italian Law, including but not limited to those provided for by the Legislative Decree No. 206/2005, i.e., the Italian Consumer Code. The subscriber declares that it acknowledges the content of the above clauses and particularly of clauses under Sections 1.d, 2.a.1, 2.a.vi, and 2.e.d.
Netherlands (in addition to those set out under “Countries in the European Union” above):
In relation to Section 2(a)(iv) of this Agreement, if you are a consumer located in the Netherlands, you have a statutory right to cancel the Subscription at any time after the Commitment Period, subject to a one-month notice period, in which case Snap will, if applicable, refund any prepaid Subscription Fee amounts on a prorated basis based on how many days you used the Service in the month the Subscription terminates.
Section 2(d) of this Agreement is replaced by the following: Our Right to Cancel. We may need to decline or cancel your order or subscription to the Service, for example, if the Device to be provided with the Service is no longer available, if there is a pricing error, if you live in an area or at an address where we cannot or do not deliver the Device or Service, or if we suspect you of acquiring subscriptions to the Service in order to sell the Service or Device. If we decline or cancel your order, we’ll notify you at the email address you submitted with your order and, if we have already received payment from you for the canceled order, (i) in the event we have not yet shipped a Device to you, we will refund the amount we collected from you, and (ii) in the event we have already shipped a Device to you, we will refund the amount we collected from you following our receipt of the Device in its original packaging with all materials that were originally provided with the Device. In the event you do not return the Device in accordance with Section 2(e) within thirty (30) days of your receipt thereof, Snap may invoice your account separately for the Lost or Damaged Product Fee.
Austria (in addition to those set out under “Countries in the European Union” above):
Nothing in this Agreement limits, excludes or modifies any statutory rights provided to you under Austrian Law, including but not limited to Austrian law on general terms and conditions. Further, the following provisions of this Agreement do not apply:
Section 5 (a) provided that you are a non professional user
For non-professional users: regarding Section 2(a) (vii) on “Shipping”, risk of loss for any Device you order from us transfers to you as soon as you receive the Device. Provided that you are a non-professional user, regarding Section 2 (b) (i), (d), (e) and Section 5(a) on invoicing your account in case of loss, damage or return of the Device not in due time, Snap reserves the right to charge a fee for loss and damage of the device up to the amount of the Lost and Damaged Product Fee, depending on the extent of the damage or loss.
For non-professional users: Section 6 paragraph 2 applies as follows: PROVIDED THAT THERE IS NO GROSSLY NEGLIGENT OR INTENTIONAL MISCONDUCT OF SNAP, SNAP ASSUMES NO LIABILITY FOR ANY LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, OR LOSS OF USE DURING THE PERIOD THE PRODUCT IS BEING REPLACED OR REPAIRED OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN THE EVENT OF A DEVICE REPLACEMENT, SNAP IS NOT LIABLE FOR ANY ASSOCIATED DATA LOSS OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Section 8(a) of this Agreement applies as follows: You are bound by the version of this Agreement that is in effect at the time you subscribe to the Service, which will be provided to you upon subscription.
