OVERVIEW
This website is operated by Swopti AB. Throughout the site, the terms "we", "us" and "our" refer to Swopti AB. Swopti AB offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country and place of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Any discounts and promotional offers cannot be combined with one another unless expressly stated otherwise. Where a purchase is eligible for several offers, the offer most advantageous to you will be applied.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5.1 - IF YOUR FRAME IS LOST OR BROKEN
If your frame is unexpectedly lost in transit or breaks during the fitting of new lenses (which is very rare), we will always do our best to find a reasonable and fair solution.
If your frame is no more than 1 month old, we will reimburse up to 100% of the purchase price, capped at a maximum of SEK 2,500.
To qualify for reimbursement, you must be able to provide a receipt no more than 1 month old, and the frame must be in very good condition with only minimal use.
We also refund the cost of the lenses you ordered from swopti.co, provided the lenses are returned to us. Alternatively, you can send in a new frame, in which we will fit the lenses.
Replacing lenses in used or older frames is done at your own risk.
It is very rare for a frame to break during a lens replacement, but as materials may have aged and become more brittle over time, there is always some degree of risk.
However, we will refund the cost of the lenses you ordered from swopti.co, provided the lenses are returned to us. Alternatively, you can send in a new frame, in which we will fit new lenses.
Swopti reserves the right to assess the condition of the frame in the event of damage.
Even if a receipt is provided, the reimbursement may be adjusted if the frame is clearly used or if other circumstances cast doubt on the date of purchase or its condition.
SECTION 5.2 - COMPLAINTS AND INVESTIGATION
This section applies to complaints relating to the finished lenses, the grinding, and the handling of your frame. If your frame has been damaged or lost in transit or during fitting, Section 5.1 applies instead.
If you have any concerns about the finished lenses or how your frame has been handled by us, we always want to hear about it. In order for us to investigate the matter and assess whether any action is possible, the following applies:
Physical inspection required
In order for us to investigate a complaint, we need to receive the glasses in their original form. Photos and video are useful for giving us an initial picture of the problem, but cannot replace a physical inspection. This applies to all types of complaints, including complaints about the condition of the frame, the quality of the lenses or the execution of the grinding. We do not make any assessment of compensation or remedial action before the glasses have been inspected by us or our lab. This is our standard process and is applied equally to all customers.
Documentation at receipt
When we receive your frame, we examine it and note any irregularities before grinding begins. If we note anything that we believe may affect the result or that we want to verify with you, we will contact you before proceeding.
Tinted lenses
Tinted lenses, including solid-tinted, gradient-tinted and photochromic lenses, are ordered at the customer's own risk regarding colour and intensity. The final result varies between different frames depending on size, shape and the frame's own colour, and therefore cannot be guaranteed in advance. Complaints regarding tinted lenses on the basis of dissatisfaction with the colour appearance or intensity are not accepted.
Time limit for complaints
Complaints concerning the condition of the frame, grinding, fitting or other handling at delivery must be made within 3 days of you collecting the glasses. Inspection upon receipt is part of our terms, as it is difficult to assess where and when a defect arose if more time has passed.
Functional defects in lenses and coatings, such as coating peeling or delamination, are covered by the 12-month warranty from the date of delivery as well as by your statutory right of complaint under Section 5.9.
We recommend that you inspect your new glasses carefully immediately upon collection and try them under normal conditions. Complaints are made by contacting us at hello@swopti.co with a description of the problem and, where possible, photos. Assessment of any action is made after the glasses have been received for inspection.
SECTION 5.3 - ADDITIONAL COSTS AND SPECIAL SOLUTIONS
In some cases, your frame or prescription may require a solution that falls outside the standard price. This may, for example, involve:
In such cases, a lens from a different range may be needed. Such lenses have a different price, and not all options and treatments available for our standard range can always be offered for them. This means that a solution required for your frame or prescription may have a different price and a different set of features compared to the product you originally selected.
The price and options specified at the time of ordering presuppose that the chosen product is technically possible to manufacture for your frame and prescription. If an assessment shows that this is not the case, the order is not binding on us at the original price. We will then contact you before any work begins and present the possible solution, with the price and features that apply to it. That price replaces the original price in its entirety and does not constitute an addition to it.
You then choose whether to proceed with the proposed solution or cancel the order. If you decline, you will receive a full refund of the amount you have already paid, and we will send your frame back to you at no cost.
We never proceed with an order at a modified price or with modified features without your approval.
SECTION 5.4 - DELIVERY AND DELIVERY TIME
When your order has been placed, we send a prepaid shipping box to you that you use to send in your frame. Once we have received your frame, the manufacturing of your lenses begins.
Normal delivery time is approximately 10 business days from the time we receive your frame, but the time is preliminary and may vary. We are not responsible for delays caused by the carrier or other circumstances outside our control.
If a delivery is significantly delayed, we will contact you. In the event of a significant delay caused by us, you are entitled to cancel the purchase in accordance with the Swedish Consumer Sales Act.
SECTION 5.5 - SUITABILITY OF THE FRAME
Most frames can be fitted with new lenses, but not all. Frames with curved sport lenses, frames designed for completely flat lenses, and very old or worn frames may be unsuitable for lens replacement.
We assess the suitability of your frame when we receive it. If we determine that the frame is not suitable for lens replacement, we will contact you. You will then receive a full refund of the amount you have paid, and we will send your frame back to you at no cost.
Replacing lenses in used frames is done at your own risk, see Section 5.1.
SECTION 5.6 - IF THE FRAME IS NOT SENT IN
In order for us to manufacture your lenses, we need to receive your frame. If we have not received your frame within 60 days of the order date, we may cancel the order.
In the event of cancellation, we refund the amount you have paid. We may contact you before the order is cancelled to confirm whether you still wish to proceed with the purchase.
SECTION 5.7 - YOUR RESPONSIBILITY FOR CORRECT INFORMATION
When you order, you provide your prescription or upload your prescription document. You are responsible for ensuring that the information you provide is accurate, complete and current, and that any uploaded prescription is valid and relates to you.
We manufacture your lenses based on the information you have provided. If the lenses turn out to be incorrect because of information you have entered incorrectly, this is not covered by our warranty, and any re-grinding is not at our expense. If we discover information during the process that appears unreasonable, we may contact you to verify it before manufacturing.
We recommend that you base your order on a current prescription issued by an optician or eye doctor.
SECTION 5.8 - RIGHT OF WITHDRAWAL AND CUSTOM-MADE GOODS
The lenses we manufacture are individually ground according to your vision, your prescription and your specific frame. They are therefore custom-made goods that have been produced according to your instructions and have a clear personal character.
Under the Swedish Distance Contracts Act (2005:59), the statutory 14-day right of withdrawal does not apply to goods that are custom-made or clearly personalised according to the consumer's wishes. This means that you do not have a right of withdrawal for the lenses you order from us, as they cannot be resold to anyone else.
By completing your order, you confirm that you have taken note of this information and that you consent to the manufacturing starting, and that you thereby lose your right of withdrawal once manufacturing has begun.
This does not affect your rights in the event of a defect in the goods. If there is something wrong with the delivered lenses, your right of complaint and our warranty under Section 5.9 apply.
SECTION 5.9 - RIGHT OF COMPLAINT AND WARRANTY
As a consumer, under the Swedish Consumer Sales Act you have the right to complain about original defects in a product for up to three years from the date you received it. An original defect means a defect that already existed at the time of delivery, even if it only becomes apparent later.
In addition to the statutory right of complaint, we provide a 12-month warranty on lenses and coatings. The warranty is a voluntary commitment from us and applies in parallel with, not instead of, your statutory right of complaint.
The warranty covers manufacturing defects, that is, defects that have arisen in connection with the manufacturing, grinding or treatment of the lenses. This may for example involve a coating peeling or delamination. The warranty does not cover damage that has occurred after delivery through use, wear, accident or improper handling, such as scratches from the glasses being dropped or stored without a case. Such damage is not a manufacturing defect and is therefore not covered by the warranty.
Complaints must be made within a reasonable time from when you discovered or should have discovered the defect. Complaints concerning visible defects in the condition of the frame, grinding or fitting are handled according to the time limit in Section 5.2.
In order for us to assess a complaint, the glasses must be sent in for physical inspection as set out in Section 5.2.
SECTION 5.10 - DISPUTE RESOLUTION FOR CONSUMERS
We always strive to resolve any disputes in dialogue with you. If we cannot reach an agreement, you as a consumer have the right to turn to the Swedish National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm, www.arn.se. ARN makes an impartial assessment of disputes between consumers and businesses. We participate in ARN's proceedings and follow their recommendations.
You can also use the European Commission's online dispute resolution platform at ec.europa.eu/odr.
As a consumer, you always have the right to have a dispute reviewed by a general court.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detailed information, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL DATA
Your submission of personal information through the store is governed by our Privacy Policy. Prescription data and other vision-related information are classified as health data and are processed with particular care. You can read more about how we collect, use and protect your personal data in our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws, rules or regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Swopti AB, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms of Service limits your mandatory rights as a consumer under Swedish law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Swopti AB and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sweden.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - FORCE MAJEURE
Swopti AB is not responsible for any delays or failures in our obligations arising from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, civil unrest, governmental decisions, fires, floods, storms, explosions, strikes, labour disputes or other industrial action, pandemics, or technical problems including but not limited to failures in telecommunications or internet networks.
In the event of force majeure, we reserve the right to extend the time for performance of our obligations, or at our sole discretion to cancel the agreement without any obligation to pay damages or other compensation to the customer. The customer will be informed of such circumstances as soon as reasonably possible.
This clause does not affect your statutory rights.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@swopti.co.
Our address:
Swopti AB
Alingsåsvägen 30, 121 48 Johanneshov, Sweden
