Terms of service

OVERVIEW

Welcome to Hardlight Eyewear! The terms "we", "us" and "our" refer to Hardlight
Eyewear. Hardlight Eyewear operates this store and website, including all related
information, content, features, tools, products and services in order to provide
you, the customer, with a curated shopping experience (the "Services"). Hardlight
Eyewear is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein
(these "Terms of Service" or "Terms") describe your rights and responsibilities
when you use the Services.

Please read these Terms of Service carefully, as they include important
information about your legal rights and cover areas such as warranty disclaimers
and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by
these Terms of Service and our Privacy Policy. If you do not agree to these Terms
of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, and you have given us your
consent to allow any of your minor dependents to use the Services on devices you
own, purchase or manage.

To use the Services, including accessing or browsing our online stores or
purchasing any of the products or services we offer, you may be asked to provide
certain information, such as your email address, billing, payment, and shipping
information. You represent and warrant that all the information you provide in our
stores is correct, current and complete and that you have all rights necessary to
provide this information.

You are solely responsible for maintaining the security of your account
credentials and for all of your account activity. You may not transfer, sell,
assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products
and services in our online stores. However, please note that colors or product
appearance may differ from how they may appear on your screen due to the type of
device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services
purchased by you will meet your expectations or be the same as depicted or
rendered in our online stores.

All descriptions of products are subject to change at any time without notice at
our sole discretion. We reserve the right to discontinue any product at any time
and may limit the quantities of any products that we offer to any person,
geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Hardlight Eyewear
reserves the right to accept or decline your order for any reason at its
discretion. Your order is not accepted until Hardlight Eyewear confirms
acceptance. We must receive and process your payment before your order is
accepted. Please review your order carefully before submitting, as Hardlight
Eyewear may be unable to accommodate cancellation requests after an order is
accepted. In the event that we do not accept, make a change to, or cancel an
order, we will attempt to notify you by contacting the e-mail, billing address,
and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our
Refund Policy, available at hardlighteyewear.com/policies/refund-policy.

You represent and warrant that your purchases are for your own personal or
household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price
charged for a product or service will be the price in effect at the time the order
is placed and will be set out in your order confirmation email. Unless otherwise
expressly stated, posted prices do not include taxes, shipping, handling, customs
or import charges.

Prices posted in our online stores may be different from prices offered in
physical stores or in online or other stores operated by third parties. We may
offer, from time to time, promotions on the Services that may affect pricing and
that are governed by terms and conditions separate from these Terms. If there is a
conflict between the terms for a promotion and these Terms, the promotion terms
will govern.

You agree to provide current, complete and accurate purchase, payment and account
information for all purchases made at our stores. You agree to promptly update
your account and other information, including your email address, credit card
numbers and expiration dates, so that we can complete your transactions and
contact you as needed.

You represent and warrant that (i) the credit card information you provide is
true, correct, and complete, (ii) you are duly authorized to use such credit card
for the purchase, (iii) charges incurred by you will be honored by your credit
card company, and (iv) you will pay charges incurred by you at the posted prices,
including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only. We are not responsible for delays caused by
shipping carriers, customs processing, or events outside our reasonable control.

Nothing in this section limits any right you have under the Australian Consumer
Law or the New Zealand Consumer Guarantees Act, including your right to a remedy
where goods are not delivered within a reasonable time.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays,
images, graphics, product reviews, video, and audio, and the design, selection,
and arrangement thereof, are owned by Hardlight Eyewear, its affiliates or
licensors and are protected by Netherlands, Australian, New Zealand and
international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store, or transmit any of
the material on the Services without our prior written consent. Except as
expressly provided herein, nothing in these Terms grants or shall be construed as
granting a license or other rights to you under any patent, trademark, copyright,
or other intellectual property of Hardlight Eyewear, Shopify or any third party.
Unauthorized use of the Services may be a violation of applicable intellectual
property laws. All rights not expressly granted herein are reserved by Hardlight
Eyewear.

Hardlight Eyewear's names, logos, product and service names, designs, and slogans
are trademarks of Hardlight Eyewear or its affiliates or licensors. You must not
use such trademarks without the prior written permission of Hardlight Eyewear.
Shopify's name, logo, product and service names, designs and slogans are
trademarks of Shopify. All other names, logos, product and service names, designs,
and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part
of the Services, 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 the 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 features through the Services (including the
release of new tools and resources). Such new features shall also be deemed part
of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated
by third parties (including any embedded third party functionality). We are not
responsible for examining or evaluating the content or accuracy of any third-party
materials or websites you choose to access. If you decide to leave the Services to
access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any
third-party websites, or your purchase or use of any products, services,
resources, or content on 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 and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Hardlight Eyewear is powered by Shopify, which enables us to provide the Services
to you. However, any sales and purchases you make in our Store are made directly
with Hardlight Eyewear. By using the Services, you acknowledge and agree that
Shopify is not responsible for any aspect of any sales between you and Hardlight
Eyewear, including any injury, damage, or loss resulting from purchased products
and services. You hereby expressly release Shopify and its affiliates from all
claims, damages, and liabilities arising from or related to your purchases and
transactions with Hardlight Eyewear.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy
Policy, available at hardlighteyewear.com/policies/privacy-policy, and certain
personal information may be subject to Shopify's Privacy Policy. By using the
Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes
personal information about your access to and use of the Services in order to
provide and improve the Services for you. Information you submit to the Services
will be transmitted to and shared with Shopify as well as third parties that may
be located in other countries than where you reside, in order to provide services
to you. Review our privacy policy at
hardlighteyewear.com/policies/privacy-policy for more details on how we, Shopify,
and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions,
feedback, reviews, proposals, plans, or other content (collectively, "Feedback"),
you grant us a perpetual, worldwide, sublicensable, royalty-free license to use,
reproduce, modify, publish, distribute and display such Feedback in any medium for
any purpose, including for commercial use. We may, for example, use our rights
under this license to operate, provide, evaluate, enhance, improve and promote the
Services and to perform our obligations and exercise our rights under the Terms of
Service.

You also represent and warrant that: (i) you own or have all necessary rights to
all Feedback; (ii) you have disclosed any compensation or incentives received in
connection with your submission of Feedback; and (iii) your Feedback will comply
with these Terms. We are and shall be under no obligation (1) to maintain your
Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to
respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we
determine in our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party's intellectual property or these Terms of Service.

You agree that your Feedback 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 Feedback will not contain libelous
or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus
or other malware that could in any way affect the operation of the Services 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 Feedback. You are solely responsible for any Feedback you make and its
accuracy. We take no responsibility and assume no liability for any Feedback
posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain
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
is inaccurate at any time without prior notice (including after you have submitted
your order).

Where we cancel an order you have already paid for, we will refund you in full.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access
or use the Services, directly or indirectly: (a) for any unlawful or malicious
purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon
or violate our intellectual property rights or the intellectual property rights of
others; (d) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or harm any of our employees or any other person; (e) to transmit
false or misleading information; (f) to send, knowingly receive, upload, download,
use, or re-use any material that does not comply with these Terms; (g) to
transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail," "chain letter," "spam," or any other similar
solicitation; (h) to impersonate or attempt to impersonate any other person or
entity; or (i) to engage in any other conduct that restricts or inhibits anyone's
use or enjoyment of the Services, or which, as determined by us, may harm
Hardlight Eyewear, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy,
extract, sell, resell or exploit any portion of the Services; (c) collect or track
the personal information of others; (d) spam, phish, pharm, or pretext the
services; (e) use any robot, spider, scraping, data gathering and extraction
tools, automatic devices or processes, AI tools (such as agentic AI) or automated
or manual means to access the Services; or (f) interfere with, bypass, or
circumvent the security or authorization features, robot exclusion headers, or
other measures we employ to restrict access to the Services. We reserve the right
to suspend, disable, or terminate your account at any time, without notice, if we
determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the
deployment of an Agent to access, use, or interact with any Services. "Agent"
means any software or service that takes autonomous or semi-autonomous action on
behalf of, or at the instruction of, any person or entity and that can be executed
on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it
identifies itself and operates in strict accordance with the requirements in
section 14.4 below. In addition, no Agent may access, use, or interact with
Services if we have requested that the Agent refrain from accessing, using, or
interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent
accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is
from an Agent and disclose the name of the Agent by including the following in the
request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate
that any access, use, or interactions are from an Agent, such as by (a) mimicking
human behavior and interaction patterns, or (b) completing or circumventing
CAPTCHAs or measures intended to distinguish computer use from humans, (iii)
respond truthfully to any question or prompt seeking to determine if interactions
are coming from a human or a computer, (iv) not circumvent or otherwise avoid any
measure intended to block, limit, modify, or control whether and how Agents
access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part
thereof) in our sole discretion at any time without notice, and you will remain
liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination:
Intellectual Property, Feedback, Termination, Consumer Guarantees, Disclaimer of
Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire
Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions
that by their nature should survive termination.

SECTION 16 - CONSUMER GUARANTEES

Nothing in these Terms excludes, restricts or modifies any guarantee, right or
remedy you have under the Australian Consumer Law, the New Zealand Consumer
Guarantees Act, the New Zealand Fair Trading Act, or any other law that cannot be
excluded, restricted or modified by agreement.

Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and
to compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure.

Where a guarantee, right or remedy applies that cannot be excluded, and where the
law permits us to do so, our liability is limited at our option to replacing the
goods, supplying equivalent goods, repairing the goods, or paying the cost of any
of these.

Sections 17 and 18 below apply only to the extent permitted by law and do not
limit the rights described in this section.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for
general information purposes. We do not warrant the accuracy, completeness, or
usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the
Services, or by anyone who may be informed of any of its contents.

SUBJECT TO SECTION 16 AND EXCEPT AS EXPRESSLY STATED BY HARDLIGHT EYEWEAR, THE
SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT
OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY

SUBJECT TO SECTION 16 AND TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL
HARDLIGHT EYEWEAR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS
AFFILIATES, 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 SERVICES, OR FOR ANY OTHER
CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR
PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN
IF ADVISED OF THEIR POSSIBILITY.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hardlight Eyewear, Shopify, and
our affiliates, partners, officers, directors, employees, agents, contractors,
licensors, and service providers from any losses, damages, liabilities or claims,
including reasonable attorneys' fees, payable to any third party due to or arising
out of (1) your breach of these Terms of Service or the documents they incorporate
by reference, (2) your violation of any law or the rights of a third party, or (3)
your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly
notify will not relieve you of your obligations unless you are materially
prejudiced. We may control the defense and settlement of such claim at your
expense, including choice of counsel, but will not settle any claim requiring
non-monetary obligations from you without your consent (not to be unreasonably
withheld). You will cooperate in the defense of indemnified claims, including by
providing relevant documents.

SECTION 20 - 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 21 - WAIVER; 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 constitutes the entire agreement and
understanding between you and us and governs 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 22 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or
obligations under these Terms without our prior written consent, and any such
attempt will be null and void. We may transfer, assign, or delegate these Terms
and our rights and obligations without consent or notice to you.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services
are governed by the laws of the Netherlands, and the courts of Amsterdam, the
Netherlands have non-exclusive jurisdiction.

Nothing in this section deprives you of the protection of the mandatory consumer
laws of the country in which you live. If you are a consumer resident in Australia
or New Zealand, you keep the benefit of those laws and may bring proceedings in
the courts of your own country.

SECTION 24 - HEADINGS

The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.

SECTION 25 - 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, in 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. We will
notify you of any material changes to these Terms in accordance with applicable
law, and such changes will be effective on the date specified in the notice. Your
continued use of or access to the Services following the posting of any changes to
these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at
info@hardlighteyewear.com

Our contact information is posted below:

Hardlight Eyewear, a trading name of Paper Business Emp.
Opijnenhof 79
1106 XT Amsterdam
Netherlands

Email: info@hardlighteyewear.com
Phone: +31 6 4819 7682
Chamber of Commerce (KvK): 77268571
VAT: NL003170106B20