Terms of Use
Thank you for visiting our website. These Terms of Use set out the legal terms that apply to your use of our website https://myglasses.zeiss.com.br and any of its sub-domains operated by us.
As a user, you must read, understand and accept unrestricted and unconditionally all the provisions of these Terms of Use, which will be binding and a condition for using the website and services. If you do not agree with any of the rules described here, you must immediately leave the site and refrain from using the services. By using it, you fully agree to these Terms of Use.
We reserve the right to change our website and these Terms of Use at any time and at our discretion. Whenever visiting our Website, be sure to check the latest version of the Website Terms and Privacy Policy.
1. Understanding these Terms of Use
When we refer to "we", "us" or "our", we mean Carl ZEISS Vision GmbH, its subsidiaries and affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.
2. About us
We are Carl ZEISS Vision GmbH and we operate the Website. We are a company registered in Germany and our registered office is at Turnstrasse 27, 73430 Aalen, Germany. Our registered company number is HRB 501574 (Ulm) and our VAT ID No. is DE237102722.
3. Our role
The Services we offer allow you to search through the Website, reserve products and schedule appointments at a ZEISS Vision Center store. As part of the Services, we also provide some ancillary services such as technical assistance and request handling for users of our Website. In case you purchase products that you have reserved using our Website, you are purchasing them from the ZEISS Vision Center that you selected on the Website. It is important that you understand that the contract for any potential purchase is between you and the relevant ZEISS Vision Center. We are acting merely as operator of the website, which acts as an intermediary, connecting You to a ZEISS Vision Center store and providing face-to-face appointments and sales made directly by one of the ZEISS Vision Center stores. You are not purchasing any products directly from us. Further details about the products and the ZEISS Vision Centers are set out in sections 4 and 5 below.
4. Products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, the images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.
The prices displayed in the site are unilaterally recommended by the product manufacturers, which do not sell the product to the final consumer directly, the site only intermediates the ZEISS Vision Centers and the final consumer. You acknowledge that ZEISS Vision Centers have no obligation to practice or maintain the prices suggested in the website. Decisions related to prices charged by opticians are at the sole and exclusive discretion of opticians.
To purchase lenses, you are required to input your lens prescription data and confirm that the prescription is not older than two years or shorter period required by the applicable regulations.
5. Services
a. 3D Frame portfolio
The Website will comprise a portfolio of frames owned by ZEISS or third parties and a basic filter functionality that you can use to identify frame styles that fit your style. When selecting frames of your interest, you can save them in a 2D-format on a favorites page and/or, under your own responsibility, share them with your contacts by email and social media in the form of a 2D picture. The downloading of 3D files from the frame portfolio on any device is prohibited and legal actions may be taken against you upon any violation
b. 3D Lens portfolio
The Website will comprise a portfolio of lenses developed by ZEISS, with information on the different lens types, such as their characteristics and specific application area, as well as a basic lens quiz that should give a general idea about which lens type might fit individual needs of the users.
You acknowledge that the information about lenses available on the Website does not replace a medical evaluation and is not intended for use in the diagnosis of diseases or other conditions, nor in the cure, mitigation, treatment or prevention of diseases, aiming solely at providing a general idea of what type of lens could be suitable for you. The downloading of 3D files from the lens portfolio on any device is prohibited and legal actions may be taken against you upon any violation.
c. 3D Avatar
Once logged into your account, you will be able to see your personal 3D avatars that you have created using the corresponding ZEISS mobile app. You can use them to simulate how the frames available in the 3D frame portfolio would look on you.
d. Profile page of partner opticians and contact with the users
If you want to purchase any of the frames and lenses identified in the 3D frame portfolio, you must schedule an appointment with one of the opticians presented on the Website, given that any sale, exchange and/or return process will be conducted directly at the store of such opticians.
To allow the consumers to make a well-informed choice with regards to a consultation appointment, all partners participating on the Website will be represented within a dedicated profile page. It contains basic information about the partner’s store such as opening hours, location, pictures and contact details. Any information regarding the optics is the property and sole responsibility of them.
If you identify an optician that meets your needs, you can submit a request for an appointment through the website. You acknowledge that, by sending a request for an appointment, ZEISS will share the information provided by you on the Website with the selected optician, which will be used by such optician to contact you and schedule the appointment, in compliance with the applicable legislation and the Privacy Policy.
e. Feedback
ZEISS will contact you, via email or other means that may be made available on the Website, as the case may be, requesting You to answer some general questions, in order to assess your satisfaction with the experience, provide You with technical, operational or another necessary support during the whole process and to facilitate the coordination of potential consultation appointments with the opticians.
f. Other Services
In addition to the abovementioned features, the Website may offer occasional access to other websites, services and information of ZEISS as well as to websites, services and information of third parties (together and individually "Services"). Use of the Services may require Internet access and your agreement to additional terms of service.
ZEISS reserves the right to update, modify or remove from the Website, at any time and at its discretion, the frames, lenses, features and any other Services, regardless of prior notification.
6. ZEISS Vision Centers
As explained above, any contract for the purchase of a product is between you and the relevant ZEISS Vision Center. We are authorized to accept and handle consumer requests with regards to reservations and appointments on behalf of the ZEISS Vision Centers, but we are not a party to that contract, and you are not purchasing the products from us.
We request that all our Partners, including the ZEISS Vision Centers on our Website, have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. Please contact your local ZEISS Vision Center for any questions regarding products and services received in their store.
7. Website information and liability
This section sets out the rules that apply to your use of the Website. By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
a.
Any information provided on or in relation to the Website is for general information purposes only and the user is and remains solely responsible for the use and interpretation of the information on the Website.
b.
The information shall not be considered as medical advice or otherwise and should not be used to for any diagnosis or choice for treatment. Always consult a doctor or specialist for medical problems.
c.
Although we take great care in maintaining our Website, we cannot guarantee that the Website and its contents are accurate, complete, up to date, nor that the Website is available, uninterrupted, error-free or free of viruses or bugs.
d.
We are not liable for any damage you may incur due to use or unavailability of the Website, or electronic communications with us, unless this is the result of our willful intent or gross negligence.
e.
This Website is intended for use within BR. If you visit this Website outside of Brazil, you are responsible for compliance with applicable local legislation.
f.
When you visit the Website and/or submit a request, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.
8. Privacy Policy
We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
9. Intellectual property, software and content
We are the owner of the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
10. Governing Law and Jurisdiction
a.
In the jurisdictions where permitted, these Terms of Use will be subject to Brazilian law.
b.
The jurisdiction of the District of Petrópolis, state of Rio de Janeiro, is elected to resolve any doubts of users residing in Brazil arising from this Website, with the exception of complaints submitted by users who fall within the legal concept of consumers, which may submit such complaints to the jurisdiction of their domicile.
c.
Users residing in Brazil may also seek the resolution of consumer disputes through the service www.consumidor.gov.br, maintained by the National Consumer Secretariat of the Ministry of Justice and Public Security (Secretaria Nacional do Consumidor do Minisério da Justiça e Segurança Pública), which is available free of charge to consumers across the country with the goal of preventing and reducing the amount of legalized disputes.
11. Requests, complaints and doubts
You can send requests, complaints and doubts related to this Website or its Services to ZEISS through the following channels, which will operate from Monday to Friday, from 8:15 am until 6 pm (BRT):
Phone: 0800-704-7012
Email: sac .br @zeiss .com