Jonas Paul Eyewear Website Terms of Use and Conditions

Effective Date of Current Policy: October 19, 2020

JONAS PAUL EYEWEAR, LLC, a Michigan limited liability company (“JONAS PAUL EYEWEAR”) (“Jonas Paul Eyewear”, “we,” or “us”) operates the website located at www.jonaspauleyewear.com (the “Site”). The use of the Site is subject to the following terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully. By using this Site, you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms of Use, please contact us at info@jonaspauleyewear.com

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Text Marketing Notifications

By subscribing to Jonas Paul Eyewear text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

Copyright

Images of people, places and/or products posted on this Site are either the property of Jonas Paul Eyewear, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Jonas Paul Eyewear or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Jonas Paul Eyewear and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at hi@jonaspauleyewear.com.

Trademarks

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Jonas Paul Eyewear, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Jonas Paul Eyewear, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

Limited License and Site Access

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

Accounts, Forms, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Jonas Paul Eyewear is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Jonas Paul Eyewear.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Jonas Paul Eyewear immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Jonas Paul Eyewear, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Jonas Paul Eyewear cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

Content You May Submit to Jonas Paul Eyewear

From time to time Jonas Paul Eyewear may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Jonas Paul Eyewear welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Jonas Paul Eyewear 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 or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Jonas Paul Eyewear will become, upon your submission, the sole and exclusive property of Jonas Paul Eyewear and Jonas Paul Eyewear shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Jonas Paul Eyewear has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Jonas Paul Eyewear. By submitting any materials of any kind to Jonas Paul Eyewear, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Jonas Paul Eyewear does not and will not violate or infringe the rights of any third-parties.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Jonas Paul Eyewear does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of Jonas Paul Eyewear. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by Jonas Paul Eyewear or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Jonas Paul Eyewear is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify Jonas Paul Eyewear, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

Monitoring

Jonas Paul Eyewear has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Jonas Paul Eyewear has no obligation to display or post any content. Jonas Paul Eyewear, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Jonas Paul Eyewear shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Jonas Paul Eyewear or any other party.

Digital Millennium Copyright Act

Jonas Paul Eyewear expects all users to respect the intellectual property rights of others. Jonas Paul Eyewear may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify us at hi@jonaspauleyewear.com.

Risk of Loss

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Links to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.

Disclaimer

All content contained on this site, including text, graphics, and links, are provided on an “as is” basis with no warranty. to the maximum extent permitted by law, Jonas Paul Eyewear disclaims all representations and warranties, express or implied, with respect to such content, whether provided or owned by Jonas Paul Eyewear or by any third party, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Jonas Paul Eyewear does not represent or warrant that the content accessible via this site is accurate, complete, or current, and you may not rely on the content accessible via this site.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Jonas Paul Eyewear, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies with regard to the content contained on this site;(ii) any unauthorized access to or use of the site or Jonas Paul Eyewear’s secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the site; (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through our site by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this site, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not Jonas Paul Eyewear was advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Jonas Paul Eyewear, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the site, including without limitation, any content submitted or transmitted by you via the site; (2) any use of any password chosen by or issued to you; or (3) any violation by you of: (a) these terms of use; (b) Jonas Paul Eyewear’s privacy policy; (c) any other terms, guidelines or rules applicable to the site; (d) any rights of any other person or entity; or (e) any applicable laws, rules, or regulations.

Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

Governing Law

These Terms of Use and the relationship between you and Jonas Paul Eyewear shall be governed by the laws of the State of Michigan as if you signed these Terms of Use in Michigan. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Kent County, Michigan for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

Software

To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
We Reserve the Right to Update and Revise these Terms of Use at Any Time.
From time to time we review these Terms of Use to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if these Terms of use have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our website constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms.

Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

These Terms of Use constitute the entire agreement between the user and Jonas Paul Eyewear with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

GENERAL INFORMATION

These terms do not affect other rights that you may have by law.
Until we have accepted your purchase there will be no obligations on either side.
Sale of all merchandise seen on the site is contingent to availability. If an item is not found in stock, the customer will be informed. Items that cannot be provided to the customer will not be charged to him or her.

By accepting these Terms you state that you understand that they substitute all previous verbal or written agreements and/or statements concerning the merchandise and services.

Any agreement with our sales persons, agents or representatives is not binding as they do not have the authority to alter, add or waive any of these Terms. Any alteration or addition will not hold us liable unless we agree to them in writing.

By accepting these Terms you state that all information and details provided by you, including contact and payment details, are up-to-date and correct.

Description of Services and Merchandise

The description of the merchandise can be found on the Site. We do our best effort to ensure that the goods that are supplied to you are identical to those on the Site, although there may be minor variations to the description and/or specification of the goods due to the changes made by the manufacturers. Pictures and photographs of the goods on the site are for illustrative purposes only, and may not exactly match the goods. We will not be held liable for any incorrect information given by the Customer.

Delivery

The items will be delivered to the specified delivery address provided by you on the order form only after payment has been received. 

The items will be delivered as fast as possible, though minor delays or set-backs may occur. The shipping date and time specified by us is only an estimate and is not guaranteed.

If for any reason at all (not due to the Company’s fault) you do not accept delivery of any of the goods in accordance with this paragraph then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges).

We will not be held responsible for any delay caused by our suppliers.

Inspection of Goods

Upon delivery the Customer is encouraged to inspect the goods carefully. If the goods are damaged or missing, please contact us, and refrain from using the goods.

Once the goods have been received by the Customer any damage incurred is the responsibility of the Customer.

The Customer will be liable for any loss or damage inflicted on the merchandise from the time of the delivery unless such loss or damage is caused by our negligence.

The Company will not pay the Customer’s cost for any return of goods.

Price and Payment

1. The Customer will pay the specified price upon placing the order.
2. If a home try-on kit is ordered, The Customer agrees to paying $1.00 which is non-refundable. If the home try-on kit is not returned to Jonas Paul Eyewear within 30 days of The Customer receiving the kit The Company will charge The Customer $395. Once the kit is returned in its original condition to Jonas Paul Eyewear the fees for the unreturned kit will be refunded.  If any frames in the kit are damaged, The Company will charge The Customer $79 or $89 (full retail value) per damaged frame.  By submitting your Home Try-On order, you authorize Jonas Paul Eyewear to charge your credit card for the full retail price of each frame as stated on our website.
3. Payment using the following Credit Cards is accepted Visa / Mastercard /American Express
4. Credit Card payments are subject to authorization by the Credit Card issuer. If authorization is declined, we will not be held liable for non-delivery of any ordered goods.
5. "SECONDPAIR" promo coupon code is only valid on full price items - code cannot be applied to Sale or Clearance items.
6. Jonas Paul Eyewear reserves the right to change product, upgrade and add on prices on their website at any time.  
7. Coupon codes must be used at the time of purchase and cannot be applied after the transaction has been completed. No exceptions. 

Resale of the Goods

The goods are sold on the condition that they are not resold to the public.

Information regarding the return of Goods and Liability and Warranty, Service Fees, and Returns can be found by visiting our warranty policy or by emailing hi@jonaspauleyewear.com.

International Shipping

Currently, Jonas Paul Eyewear ships frame only (non-prescription) orders to Australia, Austria, Brazil, Canada, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Japan, Malaysia, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Singapore, Slovakia, Spain, Sweden, Switzerland, Taiwan, and Thailand.  Please note that there will be an international fee for us to ship outside of the United States.

All applicable duties, tariffs, and customs fees are the responsibility of the customer. Jonas Paul Eyewear will not be responsible for any shipment costs that may happen by a customer returning a product internationally.

Prescription Order Fulfillment

Jonas Paul Eyewear will do their best at filling all prescription orders.  However, if a prescription falls outside of the range that we are able to fill we will contact the Customer directly to discuss further options.  Some higher prescriptions will require an additional "High Prescription Fee" of $39.00 or $49.00.  Jonas Paul Eyewear will contact the Customer directly if this High Prescription Fee is applicable to a Customer's order.

Jonas Paul Eyewear will not accept any of the goods if they sustained damage whilst in the possession of the Customer. As a result, no refund or alternative item will be provided to the Customer.

We will not be liable for any damage caused to the goods by the customer once they have been delivered.

We will not be liable for any damage or loss that may be caused by the use of the goods purchased from our Site.

All information and material provided by this Site are provided on a given basis with no guarantee. We do not guarantee that the information is complete nor accurate nor current and updated.

Under no circumstances will the Company or its employees, agents or subcontractors be liable to you the Customer for any business interruption, loss of use, loss of data, loss of profits, contracts, goodwill or anticipated savings.

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud or any other liability which by law we are not permitted to limit or exclude.

Transfer of Contract

This contract is personal to you. You may not transfer the contract to any other person. We may transfer, assign or subcontract the contract or part of the contract to any third person or company.