Thank you for coming to www.swanoptik.com (the “Site”). Swan Optik operates and provides services through the Site; we may reference Swan Optik as “we” or “us” to keep it simple. We are an online retail store for eyeglasses and related products. We offer an eclectic selection of designer and private label frames and related eye care products, along with information designed to help users make an efficient and enjoyable purchasing decision. It is our wish that any visit to our Site and the experience of any purchase through our Site will be as pleasurable as possible.
We have no obligation to, but we reserve the right to update and revise these Terms at any time. Always check the “Effective Date” at the top of this page to determine if we have updated the Terms since your last visit. Unfortunately, due to time, personnel, and other limitations, we will not highlight the terms or sections we have updated since your last visit or in the latest version or revision so you must read in full any current version. We also advise you to review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
You must be at least 18 years old to use our site and Services. If you are under 18 years old you must obtain the consent and approval of your parent or legal guardian to use the site. Before we will accept your order, you will verify you are at least 18 years old; we are entitled without further inquiry to completely rely on your representation that you are an adult so that you will be bound by the terms and conditions of our site.
Users may only access our Services to the extent the laws of your jurisdiction or the United States do not prohibit you from doing so. We cannot be experts in the laws of all 50 states so you agree it is your responsibility to make sure these Terms are in compliance with all laws, rules, and regulations that may apply to you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. Even so, in our exclusive absolute and unreviewable discretion, we may refuse certain people access to or use of our Services. We alone determine our eligibility criteria.
We offer the Services for personal use only, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Website or any portions thereof.
If you chose to be bound by our terms and create an Account, you agree that you are solely responsible for all activity that occurs through your Account. Further, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
Because you alone are responsible for your Account, it is unwise to share your Account information with others. You should never use another person’s Account or registration information for the Services without their express permission. Similarly, you should not allow anyone else to use your Account without your express permission. You are solely responsible for keeping your Account and Account password secure and for any consequences, whether foreseeable or not, resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete your Account by emailing us at email@example.com
All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are Swan Optik’s or our licensor’s exclusive property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “experience” of the Site and Services (collectively the “Marks”) are proprietary to Swan Optik, or the respective owners of such Marks. You are prohibited from displaying, reproducing, or otherwise using the content or materials on the Services, including the Marks, without first obtaining Swan Optik’s written consent. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at firstname.lastname@example.org.
You are prohibited from doing anything to negatively affect the Services we offer. You may not do any of the following while accessing or using the Services:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or “spam” on the Services; or
- We would like you to be a long time customer, but we trust you to be an adult (see: eligibility section) and have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Services;
- what Third Party content you might access via the Services;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
- The services are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, Swan Optik disclaims all representations and warranties, express or implied, relating to the services or any content on the Services, whether provided or owned by Swan Optik or by any Third Party, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, Swan Optik does not represent or warrant that the content accessible via the Services is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the Services will meet your requirements.
Limitation Of Liability
To the fullest extent permitted by applicable law, in no event will Swan Optik or anyone representing Swan Optik be liable to you under contract, tort, strict liability, negligence or any other legal or equitable theory, for
(A) Any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory or consequential damages of any kind whatsoever resulting from:
(I) Your access to, use of, or reliance on any content provided through the services or any errors or omissions in any content;
(II) Any unauthorized access to or use of the services or Swan Optik’s secure servers and/or any and all personal information and/or financial information stored therein, i.e. security breaches;
(III) Any interruption or cessation of transmission to or from the services; or
(IV) Any bugs, viruses, trojan horses or the like that may be transmitted to or through our services by any third party (regardless of the source of origination).
(B) Any direct damages in excess of (in the aggregate) of the greater of (i) fees paid to us for the applicable products; or (ii) $500.00.
(C) We do not and will not accept liability in cases where customers provide us with prescriptions not suited to their personal condition. We also will not accept prescriptions that are more than two years old. We highly discourage customers from using prescription eyewear not suited to their prescription.
These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not Swan Optik was advised of the possibility of such damages.
Arbitration of Disputes
Judgment on the award of the arbitrators may be entered by any court having jurisdiction to do so. No joinder of other claimants’ claims or class claims in arbitration shall be permitted. Any controversy about whether a dispute is subject to arbitration shall also be determined solely by arbitration as specified above. Any legal proceeding permitted to be filed in a court by these Terms shall be brought and heard only in a state or federal court located in Ramsey County, Minnesota; all parties waive any right to have any such court proceeding brought or heard in or transferred to any other location; and you hereby consent to personal jurisdiction in such courts. Further information about JAMS and the arbitration rules can be found on the JAMS website here.
Class Action Waiver
You and Swan Optik, Inc. agree that each may bring a dispute against the other only in an individual capacity and not on behalf of any class of people. You and Swan Optik, Inc. agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims. You and Swan Optik, Inc. agree not to combine a claim subject to arbitration under these Terms with a claim that is not eligible for arbitration.
We hope our relationship with you is a prosperous one for both of us, but we reserve the right to terminate your use of our site and our Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
No matter where you’re located, the laws of the State of Minnesota will govern these Terms and the relationship between you and Swan Optik as if you signed these Terms in Minnesota, without regard to the state of Minnesota’s conflicts of laws. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Ramsey County, Minnesota for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and Swan Optik and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from: (1) your use of, or inability to use, our Site; (2) your User Submissions; or (3) your violation of these Terms.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control or business interest to address. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the Site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
No Returns-No Exchanges-No Exceptions; All Sales are Final
All sales are final. By clicking Submit, you acknowledge that Swan Optik has a no return-no exchanges-no exceptions policy. We do not offer any type of refund or partial or full credit toward other purchases. We customize all glasses for you based on your selections, preferences, prescription and measurements. It is not commercially or economically viable for us to attempt to resell your glasses to another. By completing your order, you pledge to not attempt to return your glasses to us or attempt to challenge the purchase through your credit card company or bank. If you return your glasses to us, you acknowledge our policy and authorize us to recycle your glasses with no form of compensation to you. You alone are responsible for all shipping and postage charges you incur in taking any action including purchasing your glasses. To any extent you attempt to challenge the purchase or our no returns-no exchanges-no exceptions policy, you agree to pay for our legal and reasonably necessary expenses to defend our policy or sale, which includes our reasonable attorneys’ fees and cost of defense expenses.
We’ll need your name, address, and telephone number to send you your Swan Optik purchase. All orders are shipped to the 50 United States.
Single vision glasses should arrive within 10 business days, and progressives should arrive within 12-15 business days. If you need your eyewear sooner or would like expedited service, please email us at email@example.com before placing your order to determine whether or not we will be able to meet your demands. Please note that expedited shipping costs an additional $30 and still often takes approximately three to four business days. However, next day shipping may also be available for an additional fee.
After you have made your eyewear selections and provided your shipping information, we will request payment details, including your credit card information or gift card information. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
Checking Order Status:
Once your eyewear is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to email us anytime at firstname.lastname@example.org if you would like to check the status of your order.
Changing or Cancelling an Order:
Changing or Cancelling an Order: As stated above, we have a policy of No Returns-No Exchanges-No Exceptions; All Sales are Final. As such, prior to final purchase, you may wish to take advantage of our Frame Trial program. Please visit our Home Frame Trial page for more information.
Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them.
Risk of Loss:
The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
Access to your Prescription:
We keep your prescription on file for some time after you order your glasses, and we make that information available to you upon request. We will respond to your request in a timely manner, but please be aware that depending on our then current demands, it could take us day or weeks to retrieve prior prescriptions. Please keep that in mind if you need your information by a certain day or time.
We will provide an itemized receipt to send in for your reimbursement through your insurance.
Frame Trial Policy:
To trial our frames you must submit a Home Frame Trial Request form. We require your full name, credit or debit card information, billing address, and the address you would like the frames sent to. This service is entirely free of charge. You will see a holding fee of half the total cost of the selected frames on the credit or debit card you provide. This is only to verify the card and will be refunded after the frames return and pass inspection at our facility!
You may select up to four frames from any of the Swan Optik brands at any given time. Once the frame or frames you select arrive you will have three days before sending them back. Please send them back in the original packaging with the prepaid mailer given. If you would like to purchase a frame you will need to complete your purchase of the frame via the website.
If you have requested to trial frames, or have received trial frames and are in the three day period to view them you may not request more Home Trial Frames until you return the trial frames you were given or requested. If you would like to change your selection of frames to trial you must do so within 24 hours of submitting your Home Frame Trial Request form.
Once the returned frame(s) arrive at our facility we will review them for any forms of damage. This may include, but not be limited to: scratches, discoloration, dents, cracking, and any warping to the frame. Any frames not returned by the third day will be considered missing from your return package. Your given credit or debit card will be charged for the full frame cost of any damaged or missing frames. If the trial frames are returned late you will be charged a non refundable percentage of the frame's cost. If you received a damaged frame you must contact us at email@example.com within 24 hours of receiving your trial frames.
Swan Optik Brand Ambassador Agreement Terms and Conditions
As a brand ambassador for the Swan Optik brand I understand and agree:
- Under no conditions or circumstances am I an employee, partner, franchisee, or agent of Swan Optik; nor will I represent myself as such. I have no authority to incur any debt, liability, or obligations on behalf of Swan Optik.
- I will not engage in any illegal acts, portray or encourage illegal actions on social media, and will comply with all FTC guidelines.
- My behavior as a Swan Optik Brand Ambassador will be held to the highest standard. I will conduct myself professionally and with the utmost integrity.
- My role as an independent contractor with Swan Optik is to promote the brand and sell Swan Optik products to adults over the age of 18 years. I will not offer any discounts or coupons to the customer on behalf of Swan Optik unless given written authorization.
- I will receive a Swan Optik code that will be used by the customer to receive a percentage commission on products sold. Any sale made with my Swan Optik code will give me 10% of the total cost of the sale before shipping costs. Orders made without using my Swan Optik code will not be credited towards myself, and I will not receive a commission for the sale.
- I will not use any personal information given to me by customers without their consent. Additionally, I will not keep any customers’ personal information.
- Any social media presence I have will be subject to review by Swan Optik. Any film, photos, or written material related to or about Swan Optik will be held to the brand’s standard. If requested, I will remove any material relating to or about Swan Optik. If I do not comply, or if the posted film, photos, or written materials are not found in compliance with this Agreement, I will be subject to termination and possible further legal action.
- I will not sell any Swan Optik products on other websites, retail stores, or the internet.
- I will not reproduce or distribute the Swan Optik logo or name without authorization.
If I choose to leave the Swan Optik Ambassador Program I must notify them in writing to their email: firstname.lastname@example.org.
- Should I terminate my Swan Optik Brand Ambassador position, Swan Optik has the right to retain any customers I referred and notify them I am no longer a Brand Ambassador for Swan Optik.
Swan Optik agrees to:
- Compensate a 10% commission of the total cost before shipping costs to all Swan Optik Brand Ambassadors upon completion of a sale using the unique Swan Optik code given.
- Not distribute any personal information of any Swan Optik Brand Ambassadors without consent.
- Should the Swan Optik Brand Ambassador program be terminated Swan Optik will give a thirty day advance notice to all its Brand Ambassadors.
- Each Swan Optik Brand Ambassador begins the program once Swan Optik receives their email with the signed agreement.
- Swan Optik may cancel the Brand Ambassador program at any time.
- Both Swan Optik and its Brand Ambassadors may terminate this agreement at any time and for any reason with a written notice.
- Brand Ambassadors are not, nor will not be treated as employees of Swan Optik at any time.