EFFECTIVE AS July 24, 2024
This page sets out the Terms and Conditions of Use (Terms of Use) and the Terms and Conditions of Sale (Terms of Sale) of Luxottica Group S.p.A, a company incorporated in Italy (VAT 10182640150) and its Affiliates Luxottica Retail Australia Pty Ltd (ABN 26 000 025 758) and Luxottica Retail New Zealand Limited (NZCN 636829) (hereinafter referred to as Luxottica, we, our or us) stores, websites, social media and Apps (Services). The conditions of use of Luxottica Services include these Terms of Use, Terms of Sale, our Privacy Policy, Returns Policy, Warranty, Guarantees, promotional policies and any other terms and conditions that appear in or are linked to or from the Services (collectively, Terms). These Terms govern your use of, access to, and sales from our Services. By accessing, using, or purchasing from, our Services, you agree to be bound by these Terms. Please note Luxottica reserves the right to amend the Terms at any time without prior written notice, in Luxottica’s sole discretion. You should from time to time review these Terms, as they may change. If you’re shopping at Sunglass Hut via sunglasshut.com.au or sunglasshut.co.nz or in store at Sunglass Hut, the Terms will apply to you. If you’re shopping in a Sunglass Hut Myer location, the Myer Terms and Conditions of Use and Sale will apply to you.
- GENERAL
- LICENCE AND INTELLECTUAL PROPERTY
- PRIVACY POLICY
- RELIANCE ON INFORMATION DISPLAYED
- CONTENT SUBMITTED BY YOU
- BUYING GOODS THROUGH OUR WEBSITE
- AVAILABILITY AND CONTINUITY OF SERVICE
- VIRUSES
- LINKING TO OUR SITES
- LINKS FROM OUR SITES
- DISCLAIMERS AND LIMITATION OF LIABILITY
- OTHER TERMS
General
This website is owned and operated by Luxottica.
Please read these Terms of Use carefully as they set out the terms and conditions under which you may use or access the Sunglass Hut website and Apps (collectively, Sites) whether as a guest or registered user.
Luxottica is not liable for any loss incurred by you or any other party in connection with the use of this website or any linked websites. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
No advice or information, whether oral or written, obtained by you from our Sites shall create any warranty or other obligation not expressly stated in the Terms.
By accessing or using the Sites, you represent that you are at least eighteen (18) years old. If you are not of such an age, please consult with your parent or guardian with respect to these Terms.
By accessing or using the Sites, you agree to abide by all applicable laws and regulations governing your use of the Sites.
Licence and Intellectual Property
Luxottica hereby grants you a personal, revocable, limited, non-exclusive and non-transferable licence to use the Sites for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with the Terms of Use. 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, licence, sublicence, transfer, sell, mirror, frame, exploit, rent, leave, private label, grant a security interest in, or otherwise use the Sites in any manner not expressly permitted herein.
These Terms of Use provide only a limited licence to access and use the Sites. Use of the Sites does not constitute a licence to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, Luxottica or its associated entities as defined in the Corporations Act 2001 and any of the brands advertised on the Sites.
Accordingly, you expressly acknowledge and agree that Luxottica transfers no ownership or intellectual property interest or tile in and to the Sites to you or to 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 Sites, unless otherwise indicated, are owned, controlled, and licensed by Luxottica.
Sunglass Hut, the Sunglass Hut logo(s) and all other names, logos, and icons identifying Sunglass Hut and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.
You are permitted to download and print extracts from the Sites for your own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Luxottica is strictly prohibited.
You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of Luxottica.
Privacy Policy
Luxottica processes all information in accordance with our Privacy Policy. Please review Luxottica’s Privacy Policy here for a summary of Luxottica’s information collection and use practices. By using our Sites, you consent to such collection and processing and you warrant that all personal information provided by you is accurate.
Reliance on Information Displayed
We take steps to ensure that all information contained on our Sites is accurate and current. We make no guarantees, conditions, representations or warranties (express or implied) as to the accuracy, completeness or reliability of such information. To the maximum extent permitted by law, we exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Sites.
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your device, and we cannot guarantee that your device will accurately display such colours.
Content submitted by You
From time to time we may make available on our Sites 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 Sites. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Luxottica (“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 Luxottica 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-Posted Content, such that Luxottica 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.
Buying goods through our website
Your purchase of goods on our Sites is subject to our Terms and Conditions of Sale below.
Availability and Continuity of Service
You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, and/or (ii) disable any access to the Sites.
Viruses
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
Linking to our Sites
You may only link to our home page, in compliance with Clause XX herein, and if you do in a way which does not cause any damage to our reputation or harm to Luxottica.
You may not establish a link or link to any page of our Sites in any way that implies, states or suggests any form of association, partnership or endorsement, where none exists. You must not establish a link to our Site if the link is on a platform which contains content that is offensive, political, controversial, infringes the intellectual property rights of any other person or entity, or does not comply with all applicable laws and regulations.
Our Sites must not be framed on any other site.
Links from our Sites
The Sites 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 Luxottica and are maintained by third parties over which Luxottica exercises no control. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party 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.
Disclaimers and limitation of liability
You agree that the Site, including the content, is provided free of charge. Luxottica will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
By using our Sites, you agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, reasonable cost or expense (including legal fees) asserted by any third party and arising from: (i) any User-Posted Content; (ii) your breach of any of these Terms; 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 Sites.
Luxottica does not represent or warrant that our Sites, their content or any other material accessible on the Sites are free from defect, error or computer viruses that may affect your systems. Luxottica excludes any liability for any indirect or consequential loss resulting from your use of our Sites, a security breach or failure or the transmission of a computer virus. You should take steps to safeguard your own software and systems by having your own security measures and system checks in place. Luxottica does not limit or restrict its liability for fraudulent misrepresentation or death or personal injury should it arise from the negligence of it, its directors, employees, affiliates, or other representatives or for any liability that cannot by law be excluded.
You acknowledge that any breach, threatened or actual, of these Terms may cause irreparable injury to Luxottica, such injury may not be quantifiable in monetary damages, and Luxottica may not have an adequate remedy at law. Luxottica may therefore seek 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 these Terms.
Other terms
These Terms (including the policies and rules referred to herein) and any other agreement or terms or conditions for services, information, or licenses available through the Sites, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Luxottica with respect to use of the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Sites.
You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.
Headings are for convenience only.
The Terms and the relationship between you and Luxottica shall be governed by the laws of Australia for users of Sunglass Hut Australia and by the laws of New Zealand for users of Sunglass Hut New Zealand. You and Luxottica agree to submit to the exclusive jurisdiction of the Australian courts, or New Zealand courts, as the case may be.
You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of these Terms or your use of the Sites.
Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these Terms 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 these Terms shall continue in effect.
These Terms will terminate immediately and automatically, upon our notice, if You fail to comply with any of these Terms. You may also terminate these Terms at any time by ceasing all use of the Sites. Your obligations contained herein will survive the termination of these Terms for any reason.