I. Terms of Use (TOU) for the opti-vue website
Any person using the information, documents, products, software, and various services (collectively, the “Services”) offered by the Site is deemed to have read and accepted all the terms and conditions set forth in these Terms of Use.
Definitions and Purpose
“opti-vue.lu” (hereinafter referred to as the “Site”) is a website operated by opti-vue Sàrl (hereinafter referred to as the “Company”) for the purpose of promoting the brand’s products and services and offering the Company’s customers the opportunity to order contact lenses online. Company owning the Site:
- Name: opti-vue
- Legal status: SARL
- Address: 10 route de Luxembourg, L-7759 Roost
- Phone: 26 80 42
- Email: administration@opti-vue.lu
- VAT: LU 12 68 03 67
- RCS: B91668
- Designer: Blocknote Media, 2 rue Roger Streff, L-6619 Wasserbillig
- Host: Blocknote Media, 2 rue Roger Streff, L-6619 Wasserbillig Webmaster: Blocknote Media Sandro Rizzo,
User Obligations
Access to the Site is via the Internet. The user acknowledges the risks involved and accepts them. The user must protect themselves against the effects of computer hacking by using an appropriate and secure computer configuration.
The Company shall not be held liable for any damage that the user may suffer, directly or indirectly, in connection with browsing the Site and using its services, as well as the websites to which it links.
Cookie Management
The Site uses client cookies, small text files, to analyse information regarding the user’s browsing activity (tracking cookies via Google Analytics: frequency of visits, duration of visits, pages viewed, language preferences, statistics, etc.) and to provide the user with a better browsing experience (functional cookies necessary for the proper functioning of the Site).
Cookies are stored by the Site in a designated directory on the user’s computer. They may also be installed by third parties with whom the Company collaborates. They contain, in particular, the name of the server that created them, a unique identifier, and an expiration date. The unique identifier allows the Site to recognize the user’s computer on each visit. Session cookies are deleted from the user’s computer when the session is closed. However, persistent cookies remain on the user’s computer for 1 month after the end of the session.
The user may decide for themselves whether or not the Site’s web server is authorized to store cookies on their computer. At any time, the user may adjust their browser settings so that cookies are not accepted or stored. Furthermore, the user may delete cookies that have already been stored via their browser at any time.
The use of certain features of the Site may be limited or disabled if the user refuses the Site’s
cookies. Users are therefore advised to configure their browser to accept cookies from the Site.
Modification of the Site
The Company reserves the right to update, modify, or suspend the Site without prior notice for maintenance, updates, or any other reason deemed necessary. In particular, the Company may at any time remove, add, supplement, or clarify all or part of the information and services contained or offered on the Site. The Company shall not be held liable for any direct or indirect damage related to such modifications.
Limitation of Liability
The Company will use its best efforts to ensure maximum availability of the Site. However, it shall not be held liable in the event of temporary or total unavailability of the Site.
The Company will use its best efforts to ensure the security of the computer system.
The Company will use its best efforts to ensure the accuracy of the information or Services contained on the Site, published on social media, as well as the advice and information provided by the Site. However, the Company shall not be held liable, in particular, for any failure to update information or a form, for errors in system operation or data entry, for inaccuracies or omissions in the information provided, or for any errors, inaccuracies, or omissions in the responses provided by the Site. While the objective is to disseminate accurate and up-to-date information from various sources, the Company cannot, however, eliminate all risk of material error. None of the information published on the Site or provided by the Site in response to an individual request is intended to be exhaustive or constitutes a commitment on the part of the Company.
Summaries and translations are provided for informational purposes only. The information on the Site is of a general nature. The information is not tailored to personal or specific circumstances and therefore cannot be considered as personal, professional, or legal advice to the user.
The Site’s liability is expressly excluded for all direct and indirect consequences resulting from:
- Incompatibility between the service offered and the user’s or a third party’s equipment,
applications, procedures, or infrastructure;
- A security breach originating from the user or a third party and, more generally, any security breach not directly attributable to the Site;
- Consequences of errors and/or fraud committed by the user or a third party;
- Any unavailability or malfunction of electronic communication systems or
Data transmitted to third parties via forms available for download on the Site remains the responsibility of the user and the recipient once the data has been transmitted.
The Company reserves the right to terminate, without notice or compensation of any kind, access to any personal space on the Site that is subject to unlawful or fraudulent use.
The Company further reserves all rights, including the right to refuse, remove, or restrict, without notice or compensation of any kind, access to the Site and its services to any individual or entity making abusive, unlawful, or fraudulent use of these services.
The Company cannot be held liable for collecting and processing on the Site personal information and data of minors whose consent is not effectively covered by that of their legal representatives, or for incorrect data—particularly regarding age—entered by minors.
Links to Third-Party Sites
For the convenience of users, the Site may contain links to other sites that may be useful or of interest to them. The Company does not systematically monitor the content of these sites. It therefore cannot be held liable for the content of such sites.
The Company therefore cannot be held liable for the content presented on these websites, whether with respect to its legality or the accuracy of the information contained therein.
Intellectual Property
The Site, all of its elements (including the layout), as well as the information and Services, are protected by intellectual property and copyright laws.
Unless otherwise specified, the Company grants no license or authorization regarding the intellectual property rights it holds over the Site, its elements, or the Services. Furthermore, no reproduction of the information or Services, in whole or in part, in any form or by any means, is permitted without the Company’s prior written authorization.
Unless otherwise specified, the user is authorized to view, download, and print the available
documents and information under the following conditions:
- The documents may only be used for personal, informational purposes and strictly within a private context;
- The documents and information may not be modified in any way;
- The documents and information may not be distributed outside of the
The rights implicitly or explicitly granted to the user above constitute an authorization to use and in no way a transfer of rights, ownership, or other rights relating to the Site.
Amendments to the Terms and Conditions of Use
These Terms and Conditions of Use may be amended or supplemented at any time, without prior notice, in line with changes made to the Site, changes in legislation, or for any other reason deemed necessary. It is the user’s responsibility to familiarise themselves with the Terms and Conditions of Use of the Site, of which only the up-to-date version available online is deemed to be in force. It is possible that, between visits to the Site, the specific terms and conditions of use may be amended; it is therefore the user’s responsibility to read them carefully before each new visit.
Applicable law and competent courts
Any dispute relating to the use of the Site and its Services shall be governed by Luxembourg law and shall fall within the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.
II. Terms of Use specific to the online contact lens sales service on the Site
Users who make use of the contact lens ordering service (hereinafter the “Service”) available via the Site are deemed to have read and accepted all the terms and conditions set out in these Terms of Use, as well as the general terms and conditions of use of the Site.
Definition and purpose
The Service available via the Site provides an online platform for the sale of contact lenses and lens care solutions.
This Site is intended solely for the renewal of contact lenses. The opti-vue network cannot be held liable if a customer places an order without advice from an optician or a prescription from their ophthalmologist.
Availability and Changes to the Service
The Service is generally available 24 hours a day, 7 days a week. However, the Company reserves the right to update, modify or suspend the Service without prior notice for maintenance purposes, due to physical or technical incidents, or for any other reason deemed necessary. The unavailability of the Service does not entitle the user to any compensation. Should the user fail to meet a deadline due to the temporary unavailability of the Site and/or the Service, the Company shall under no circumstances be held liable. The Company shall not be held liable for any direct or indirect damage arising from changes or modifications to the Service.
User’s obligations
Access to the Service is via the Internet. The Company shall do its utmost to ensure the security of the IT system. The user declares that they are aware of the risks and accept them. They must protect themselves against the effects of computer hacking by adopting a suitable and secure IT configuration. The Company shall not be held liable for any damage that the user may suffer, directly or indirectly, in connection with their browsing of the Website and/or use of the Service.
Online payment
Payment for fees or purchases may be made using the payment methods offered via the Site. Payment is processed through a payment institution authorised in Luxembourg, which secures the payment transactions.
Payment details (credit card or account number, payment amount, etc.) do not pass through the Company’s Website, which has no access to such data at any time. The Company is not involved in the payment process. It cannot therefore be held liable in the event of a malfunction of the payment institution’s application or fraudulent use of payment details. The user is subject to the payment institution’s terms and conditions in relation to the payment.
Amendments to the Terms of Use specific to the Service
These Terms of Use may be amended or supplemented at any time, without prior notice, in line with changes to the Service, changes in legislation or for any other reason deemed necessary. The user shall be specifically informed of this prior to each new use of the Service and their acceptance shall be duly requested. Only the updated version of the terms of use available online shall be deemed to be in force.
III. Protection of personal data
Personal data provided by the user is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Technical and organisational security measures are implemented by the Company to ensure an appropriate level of confidentiality, integrity, availability and resilience of the services offered via the Site, as well as to safeguard the user’s rights and freedoms in accordance with industry standards. Only authorised users may access personal data, and only for legitimate reasons.
Unless otherwise stipulated in these Terms of Use, the user’s data is stored in appropriate countries.
The user has the rights to access, rectify and erase data concerning them. These rights may be exercised by contacting the relevant data controller. Where applicable, these rights may be exercised via the features available on the Site.
If a technical issue prevents the use of these features, the user may contact the Company.
Where the Company is the data controller, the user may send their request by post to the following address: opti-vue Administration, 10 route de Luxembourg, L-7759 Roost.
The user also has the rights to restrict processing, object to processing, withdraw consent and data portability, which may be exercised directly with the data controllers.
The user may submit complaints regarding the protection of their personal data via the relevant communication channels provided, as well as to the data controller concerned by their request and/or enquiry. The user may also submit a complaint to the Company’s Data Protection Officer via rgpd@opti-vue.lu. Furthermore, the user may contact the National Data Protection Commission regarding any dispute in this area.
Processing related to event logs
The user consents to data relating to their activity on the Website (username, action or feature used, date and time, settings) being retained for the purpose of making such data available to the respective data controllers or to the judicial authorities in the following limited cases:
- To resolve information security incidents in the legitimate interest of ensuring the security of the Site;
- To establish, exercise or defend a legal claim in the context of judicial, administrative or extrajudicial proceedings relating to the audited
The data controller depends on the audited functionality. Only this data controller has access to the audited data.
The user is informed that the confidentiality of this data is ensured to the highest standards and that the extraction of such data is only possible upon the express request of the data controllers or judicial authorities, and only upon a reasoned request.
In view of, on the one hand, the wide variety and number of procedures as well as the relevant legal bases, and on the other hand, the highly restrictive access and extraction measures put in place, an overall data retention period of 10 years applies.
Processing related to newsletter management
The email address provided when subscribing to a newsletter on this Site will be disclosed solely for the purpose of distributing the newsletter to processors subject to the same legal obligations regarding the protection of personal data. To prevent misuse, the user must confirm their subscription by clicking on a link sent to the email address provided.
Users may unsubscribe at any time via a link provided in each email or by contacting the Site. Should users encounter any issues regarding the newsletter, they should also contact the Site User data will not be retained for longer than the duration of their subscription.
The Company is the data controller for these processing operations.
Website processing related to audience measurement
Certain data relating to the user’s hardware and software, which is not of a nature to identify them, is collected during their visit to the Site. The sole purpose of this collection is to obtain visitor statistics (browser type, resolution, approximate location, etc.) in order to better serve users, including via Google Analytics. The user’s full IP address is not stored.
This data is stored in a solution provided by the data processor Blocknote Media, which is subject to the same legal obligations regarding the protection of personal data.
The data retention period does not exceed that necessary to monitor audience trends based on changes in browsers, resolutions used, or other available statistical data.
The data controller for these processing operations is the Company.
IV. Presence on social media
Moderation policy
Any user who joins the Site’s community on social media undertakes to refrain from any form of discrimination based on race, colour, religion, gender, sexual orientation, age, national origin, disability, or professional or marital status.
Abusive, racist, sexist or offensive comments have no place on social media. They will be
removed and reported.
The Company’s social media accounts are primarily intended to share information and content published on the Site. They are not intended to handle requests, questions or comments containing personal data such as surnames, first names, national identification numbers, dates of birth, telephone numbers, email addresses, or attachments or scans of documents containing personal data.
For such requests, questions or comments, users of the Site community should contact their local store.
Requests, questions or comments containing personal data (the user’s social media account ID is generally not taken into account) posted on the Site’s social media accounts will not be processed and will, where possible, be deleted.
The Company’s Facebook, Twitter, LinkedIn and other social media accounts are, in principle, monitored from Monday to Friday, between 8.30 am and 5.00 pm. Outside these hours, as well as at weekends and on public holidays, the pages are not monitored on a continuous basis.