Terms of service

Overview

Welcome to Lucerna. The terms "we", "us" and "our" refer to Lucerna. Lucerna operates this store and website, including all related information, content, features, tools, products and services (the "Services"). Lucerna is powered by Shopify, which enables us to provide the Services to you.

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

Please read these Terms carefully. 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 and our Privacy Policy. If you do not agree to them, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province or country of residence, and that 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 browsing our store or purchasing any product, you may be asked to provide information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

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

SECTION 2 - OUR PRODUCTS

Lucerna sells non-prescription tinted eyewear. Our lenses are tinted to filter part of the blue light reaching your eyes. They do not correct vision, they are not prescription lenses, and they are not medical devices.

Nothing on this site is medical advice, and our products are not intended to diagnose, treat, cure or prevent any condition. Where we refer to published research, we describe what that research found; we do not promise you the same result. If you have concerns about your eyes or your sleep, speak to a qualified professional.

We have made every effort to represent our products accurately. Colours and appearance may differ from how they appear on your screen depending on your device and its settings. We do not warrant that the appearance or quality of any product will meet your expectations or match how it is depicted in our store.

All product descriptions 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 to limit the quantities we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - SAFE USE

Our tinted lenses change how you perceive colour. The deeper the tint, the greater that change. For that reason:

• Do not wear Lucerna eyewear while driving, riding or operating machinery. Tinted lenses can make it harder to distinguish coloured signals, including traffic lights.
• Do not wear them anywhere accurate colour judgement matters for your safety or anyone else's.
• They are not sunglasses and are not rated for UV protection or for looking at the sun.
• They are not safety eyewear and offer no impact protection.

Use them as intended: indoors, in front of a screen. If wearing them causes discomfort, headache, dizziness or any change in your vision, stop using them and seek advice from a qualified professional.

SECTION 4 - ORDERS

When you place an order you are making an offer to purchase. Lucerna reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order is accepted. If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our 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 5 - PRICES AND BILLING

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

From time to time we may run promotions governed by terms separate from these Terms, including multi-pair pricing. Where a promotional price depends on buying more than one pair, returning part of that order may change the price of the pairs you keep, as set out in our Refund Policy. If there is a conflict between promotion terms and these Terms, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to update that information promptly so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method, (iii) charges you incur will be honoured by your card issuer, and (iv) you will pay those charges at the posted prices, including shipping and handling and all applicable taxes.

SECTION 6 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times shown are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 7 - INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, displays, images, graphics, product photography, video and audio, and the design, selection and arrangement of them, are owned by Lucerna, its affiliates or its licensors, and are protected by 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 material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants you any licence or right under any patent, trademark, copyright or other intellectual property of Lucerna, Shopify or any third party. All rights not expressly granted are reserved.

The Lucerna name, logo, product names, designs and slogans are trademarks of Lucerna or its licensors, and you must not use them without our prior written permission. Shopify's name, logo and product names are trademarks of Shopify. All other names and marks appearing in the Services belong to their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be given access to third-party tools through the Services which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use of those tools is entirely at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which the relevant provider offers them.

We may offer new features through the Services in future. Any such features also form part of the Services and are subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain material and links to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party material or website. If you choose to leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damage related to your use of third-party websites, or to your purchase or use of any product or service obtained from them. Please review those third parties' policies carefully before transacting with them, and direct any complaint or question about their products or services to them.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

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

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's privacy terms. By using the Services you acknowledge that you have read those 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 them. Information you submit may be transmitted to and shared with Shopify and with third parties that may be located in countries other than where you reside, in order to provide services to you.

SECTION 12 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use.

You represent and warrant that (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentive received in connection with it, and (iii) it complies with these Terms. We are under no obligation to keep Feedback in confidence, to pay for it, or to respond to it.

We may, but need not, monitor, edit or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or to infringe any party's rights or these Terms.

You agree that your Feedback will not infringe the rights of any third party, will not be unlawful, abusive or obscene, and will not contain any virus or other malicious code. You may not use a false email address, impersonate any person, or otherwise mislead us or others as to the origin of any Feedback. You are solely responsible for the Feedback you submit and for its accuracy, and we assume no liability for Feedback posted by you or any third party.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally information in the Services may contain a typographical error, inaccuracy or omission relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial or local law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate any person; (e) to transmit false or misleading information; (f) to send or procure the sending of junk mail, chain letters, spam or similar solicitation; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services, or that may harm Lucerna, Shopify or other users.

You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish or pretext the Services; (e) use any robot, spider, scraper, data-extraction tool, AI tool or automated process to access the Services; or (f) interfere with, bypass or circumvent any security measure or access restriction we employ. We may suspend, disable or terminate your account at any time, without notice, if we determine you have breached any part of these Terms.

SECTION 15 - AGENTS

15.1 This section (the "Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the 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 execute without direct supervision.

15.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates strictly in accordance with 15.4 below. No Agent may access the Services if we have asked it to refrain from doing so.

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

15.4 Agents must: (i) identify in every HTTP or HTTPS request that the request comes from an Agent, and disclose its name in the user agent string in the form "Agent/[agent name]"; (ii) not conceal or obfuscate that the interaction is from an Agent, including by mimicking human behaviour or by completing or circumventing CAPTCHAs or other measures intended to distinguish automated from human use; (iii) respond truthfully to any prompt seeking to determine whether the interaction comes from a human; and (iv) not circumvent or avoid any measure intended to block, limit or control how Agents access the Services.

SECTION 16 - TERMINATION

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

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

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is strictly at your own risk, and we disclaim all liability arising from reliance placed on such material by you or any other visitor.

EXCEPT AS EXPRESSLY STATED BY LUCERNA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM 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

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LUCERNA, 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 PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lucerna, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms 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, although a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but we will not settle a claim requiring non-monetary obligations from you without your consent, which is not to be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by law, and the unenforceable portion is deemed severed from these Terms. Such a determination does not affect the validity and enforceability of any remaining provision.

SECTION 21 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules we post on this site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior version of these Terms.

Any ambiguity in the interpretation of these Terms is not to 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 attempt to do so is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notice to you.

SECTION 23 - GOVERNING LAW

These Terms, and any separate agreement under which we provide you Services, are governed by and construed in accordance with the laws applying in the jurisdiction in which Lucerna is headquartered, and you and Lucerna consent to venue and personal jurisdiction in the courts of that jurisdiction.

SECTION 24 - HEADINGS

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

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. We will notify you of any material change in accordance with applicable law, and such changes take effect on the date specified in the notice. Your continued use of the Services after a change is posted constitutes acceptance of that change.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms should be sent to us at support@wearlucerna.com.

Our contact information is posted below:

Lucerna
support@wearlucerna.com
George Street Sydney NSW 2000, Australia