1. Scope

1.1 The following Terms and Conditions (“T & C”) are binding for all contracts between you, as the customer (“customer / you”), and us as the operator / owner of the online shop www.invushop.com (“seller / we”). These T&C shall apply to the use of our online shop and to all orders placed in the online shop. As an integral part of the order process, you acknowledge the general T & C in its most recent version at the time of the order. All verbal agreements must be confirmed in written form to be binding.

Sole owner and operator of the online shop www.invushop.com (“Online Shop”) and your contracting party is:
Swiss Eyewear Group (International) AG, Freilagerstrasse 39, 8047 Zürich, Switzerland.

The Online Shop is targeted solely at non-commercial customers with residency in Switzerland.

1.2 We shall have the right to change or amend the T & C from time to time at our own discretion. The applicable version of the T & C is the one which was in place at the time an order was placed.

1.3 Deviating, additional or conflicting customer conditions will not be recognized unless we have expressly agreed in writing to their validity.

2. Terms of Use

2.1 Proper registration is required to place an order through the Online Shop. Customers of the Online Shop are responsible for providing truthful and complete information.

2.2 We are not obligated to accept the registration or orders of a registered customer. Likewise, we are not obligated to make the Online Shop and its services permanently available. Orders that have already been confirmed remain unaffected by this.

2.3 If incomplete or inaccurate information is provided upon registration, or if you neglect to inform us of changes, we are entitled to immediately exclude you from using the Online Shop.

2.4 You are obligated to treat your personal login information as confidential and to prevent access by unauthorized third parties.

3. Contract of Purchase

3.1 To begin your order, add your selected products to the shopping cart. You can view your shopping cart again on the overview page before beginning the checkout process. Please provide the delivery address in the first step of the checkout process. Enter the payment and shipping information in the second step. In the third step, you can review your selection and all entered information. You can also correct any entry errors before placing your order.

3.2 By pressing the “BUY NOW” button, you are confirming a binding order of the products that are in your shopping cart. After submitting the order, you will receive an automatic email confirming the receipt of the order. This email does not constitute an acceptance of the contract. A purchase contract is concluded only when we send you a separate shipping confirmation via email, informing you that your order has shipped. No contract is entered into for ordered products that are not listed in the shipping confirmation. For example, you might place an order for a product that is no longer available when your order is received. In this case, we will refund any payments that were already made. The refunded amount will be credited back using the original payment method, unless explicitly otherwise agreed.

3.3 If a product you order is only temporarily unavailable, we will immediately inform you of this in the confirmation of receipt of your order. You have the right to cancel your order for that product if there is a delivery delay of more than two weeks. In this case, we will refund any payments that were already made. The refunded amount will be credited back using the original payment method, unless explicitly otherwise agreed.

3.4 The order processing and establishment of contact take place by email and automated order processing. You must ensure that the email address you provide for the order processing is correct so that you receive the emails we send to the given email address. In particular, when using SPAM filters, you must ensure that all emails sent by us or third parties commissioned by us to process the order can be received.

3.4 The contract is limited to the products which are explicitly included in the invoice, the order confirmation or shipping advice.

3.5 The characteristics of the ordered products are based on the product descriptions in the Online Shop at the time of purchase. Images of products on the Website may be inaccurate under certain circumstances. In particular, colors may substantially differ for technical reasons. Images are used for illustrative purposes only and can differ from the actual product. Technical data, weight, dimensions and performance specifications are specified as precisely as possible, but there may be deviations.

3.6 The contract may be in German, French, Italian or English. The order receipts saved by the Online Shop serve as proof of the contract of purchase and the transaction.

3.7 If you have opened a customer account, you can see your orders at any time under “Order History“.

3.8. Customization of products: We offer customization for certain products. You are fully responsible for the correct customization (e.g. selection of lens, temple and front color). Submitted customized orders / products will be manufactured as ordered.

3.9 Products will only be sold in typical household quantities. Sales will only be made to private consumers who are at least 18 years of age, legally competent and have their regular residence as well as a delivery and billing address in Switzerland.

4. Prices and Surcharges

4.1 Prices in the Online Shop are quoted in Swiss Francs (CHF), including value added tax.

4.2. The prices quoted at the time of the order shall apply to orders in the Online Shop.

4.3 The following surcharge rules apply: Shipping is free when you spend CHF 75 or more. Orders under CHF 75 will be charged CHF 9 for standard shipping.

5. Payment and Property Rights

5.1 There are various payment options available as indicated in the Online Shop.

5.1.1 If the payment method "TWINT" is selected, the payment shall be processed by the payment service provider TWINT AG, Stauffacherstrasse 41, CH-8004 Zürich, in accordance with the TWINT Terms of Use, available here. Using TWINT as a payment method requires you to already have a TWINT account or to set-up a TWINT account.

5.1.2 Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).

5.2 When paying by credit card, the payment shall be processed by the payment service provider Stripe Payments Europe, Ltd., in accordance with the Stripe Terms of Use, available here. We will charge your credit card once the ordered products are shipped.

5.3 If we are unable to obtain the full amount due, e.g., because of insufficient funds or credit card or bank account limits, we have the right to a lump-sum compensation of up to CHF 100 for additional costs incurred.

5.4 The lump-sum compensation mentioned in section 5.3 only applies if the incurred costs are not greater than the stated CHF 100. Further legal rights are not excluded.

5.5 Until the full amount due has been received, the property rights of the product belong to the seller. A delivery obligation only starts from the moment that the full amount has been received. If the full amount has not been received within 30 days after order confirmation, we have the right to step back from the contract of purchase.

5.6 For refunds, the refunded amount will be credited back using the original payment method, unless explicitly otherwise agreed.

6. Delivery and Shipping Conditions

6.1 Unless otherwise agreed, the delivery address stated in the order processing is decisive for the transaction. Deviating from this, the delivery address registered by you with PayPal at the time of payment is decisive when selecting the payment method PayPal. Orders can only be delivered within Switzerland.

6.2 Orders are shipped by Swiss Post. Unless otherwise specified, you should receive your order approximately three to five working days after placing the order. Please note that customized products may take one to two working days longer to ship due to production timing. We will do our best to meet the published delivery times, however, we are not liable for any delivery changes or delays. Delivery times may change without prior notice. Please note that we do not offer an express delivery service for our products.

6.3 The delivery times provided are only intended as a point of reference and are therefore considered as being approximate. Disruptions that are not caused by us or any of the companies that we have contracted with for the performance of the contract as well as force majeure may further delay the delivery. We will inform you about any changes in the delivery schedule as we become aware of them.

6.4 If the Swiss Post returns the order to us because the Swiss Post was unable to deliver the order, you shall bear the shipping costs for the unsuccessful shipment of the order.

6.5 Products are being sent out from our central storage center, our logistic partner or our optical partner laboratory.

7. Redeeming Promotional Vouchers

7.1 Promotional vouchers are vouchers we occasionally issue that have a specific period of validity. You cannot purchase promotional vouchers. The following conditions as well as those listed on the respective promotional vouchers apply.

7.2 Promotional vouchers are only valid during the specified period, and they can only be redeemed once and only before completion of the order process. Only one promotional voucher can be used per order. Promotional vouchers may not be used in combination with one another and also not with different promotional vouchers. Some products may be excluded from the voucher promotion.

7.3 The required minimum order is mentioned on the promotional voucher. If the minimum order value is subsequently no longer met, for example due to a return, we reserve the right to void the voucher.

7.4 If the order amount exceeds the value of the promotional voucher, the remaining balance due can be paid using any of the various payment options available as indicated in the Online Shop.

7.5 If you exercise the right of return where applicable, the reduced purchase price will be refunded. There is no right to a reimbursement or replacement of the voucher.

7.6 The value of the voucher will neither be paid in cash nor bear interest. No remaining credit balance will be refunded.  

8. Returns

8.1 You have the right to return products ordered from our non-customized range within 14 days of receipt. Customized products may not be returned or exchanged.

8.2 Products need to be unused and returned in the original packaging. A reason for the return also needs to be given and the package sent to the following address: Swiss Eyewear Group (International) AG, Freilagerstrasse 39, CH-8047 Zürich, Switzerland. We will only accept the return if the product is accompanied by the original labels, fastenings and packaging, and if the product is still in new condition as would be the case if the product was just inspected and tried on. We will not accept returns where the product is damaged or shows signs of use. We will neither exchange nor credit products in such a condition.

8.4 If the products have been returned correctly, we will refund the corresponding amount. The refund can be reduced for any additional costs incurred by the seller. The refunded amount will be credited back using the original payment method, unless explicitly otherwise agreed.

8.5 Cancellation, withdrawal, exchange and return of customized products: Please note that customized orders may not be cancelled. As soon as you place your order, we start the production and therefore cannot accept any changes or cancellations. The right of withdrawal does not apply to the delivery of goods that are customized. In addition, the right of return does not apply to customized products except for manufacturing defects, deficiencies, damage from transport or any other error caused by the seller. In such cases, we will happily replace the product.

9. Liability for Examination and Notice Requirement

9.1 You are obliged to examine the products after receipt and are required to give notice about any defects of the product, as soon as the ordinary course of business allows. If you do not give written notice about any defect within the first 14 days after delivery, the product is regarded as approved. Warranty claims can be submitted to the following address: Swiss Eyewear Group (International) AG, Freilagerstrasse 39, CH-8047 Zürich, Switzerland. Alternatively, you can send an email with a brief description of the warranty claim to support@invushop.com.

9.3 The seller is responsible to remedy defects. This can either be done by replacing the defective product or by remedy of the defect. In case of replacement, the original product becomes property of the seller.

9.4 If it is not possible to remedy the defect, you have the right to step away from the purchase contract. This is not the case for minor, insignificant defects. You have no right to receive a purchase price reduction.

9.5 We do not give customers any legal guarantees. Exempt hereof are manufacturer warranties. Advertisement, public remarks and other commercial statements do not represent a contractual quality of the products.

9.6 We do not take legal responsibility for the statements and claims of third parties, particularly customers who provide feedback in the context of the Online Shop and social media presence.

10. Liability

10.1 All cases of breach of contract and the relevant legal consequences, as well as all claims of the customer, irrespective of what grounds they are based on, are exclusively covered by these T &C. The maximum value for compensation is the value of the product. Any liability claim that exceeds the value of the order is excluded.

10.2 The exclusion of liability under the foregoing section 10.1, does not apply in case of unlawful intent or gross negligence.

10.3 The ordered products shall only be employed for the agreed usage. For other applications a written consent must be obtained in advance.

10.4 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times with the current technology. Therefore, we are not liable for the continuous, uninterrupted availability of the Online Shop or for technical or electronic errors beyond our control during an ordering transaction.

10.5 Links on this Website to other websites are provided solely for your information and customer experience. If links are created to other websites or sources, we are not responsible or liable for the availability of such external sites or sources. The content accessible on such websites or sources is not our own, and any liability or warranty for this is excluded.

11. Intellectual Property Rights

11.1 The logo “Frame It Your Way By INVU“, INVU® and Swiss Eyewear Group® are registered trademarks of our company and our subsidiaries. The company owns other brands, logos, designs, products and information. All copyrights or other intellectual property rights on this Website or patents related to this Website, may not be copied, reproduced, posted, transmitted, modified or distributed in any way, without first obtaining the written consent of the owner of such materials or to be legally entitled to this.

11.2 Downloading or printing of materials from this Website does not express or imply the transfer of rights. However, you may download any page of this Website for exclusively personal, non-commercial purposes, provided that you do not remove the references to the copyrights.

11.3 All rights not granted under these T & C remain reserved by the company.

12. Privacy Policy

The treatment of personal customer data by the seller is governed by the Privacy Statement. This forms an integral part of these T & C. The Privacy Statement is available on the Website [www.invushop.com]. For order processing, we store the data of our customers and give the data for this purpose, if necessary, to third parties. The customer can object to the use of the data for advertising purposes at any time.

13. Service hotline

If you have any questions regarding the Website or online orders, you can reach us at + 41 44 533 48 79 or via email: contact@invushop.com.

You can reach us Monday to Friday from 9 am – 5 pm CET. Local rates apply; mobile prices may vary.

14. Severability Clause, Subject To Change

14.1 In case any provision of these T & C is invalid or incomplete or if the fulfillment would be impossible, the validity of the remaining provisions shall not be affected. The contracting parties shall take action to replace the invalid provision by a valid provision that comes closest to the content of the original intent and the pursued economic purpose.

14.2 Any changes or additions to these T & C shall be in writing by email. This also applies to an amendment of the written form requirement. The seller may change these T & C at any time. The changes will be published online or by other appropriate means. Once the customer makes use of the services of the seller after the changing of the terms, the customer implicitly agrees to the new T & C. The binding version of the T & C can be read and printed here.

15. Final provisions

15.1 The contract languages are German, English, French and Italian. In addition to the English version, these T & C are available in German. If there are any discrepancies in terms of language, the German version shall prevail.

15.2 For disagreements and disputes arising in connection with the Online Shop, Swiss law is applied exclusively and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded. The place of jurisdiction is Zurich, Switzerland.

www.invushop.com September 2020