Terms & Conditions

1. Terms and Conditions

This website berlinoptical.com ("Site") and its related companies (including all other subsidiary and affiliate companies) (“Berlin Optical”, “we” or “us”) and related services are made available to you pursuant to the following Terms and Conditions (the "T&C"). Please read the T&C carefully. By accessing this Site, you agree to be bound by these T&C. We recommend you to keep a copy of the T&C for future reference.

We may modify the T&C from time to time. Any changes will be effective immediately upon posting of the revised T&C. Your continued use of this Site thereafter constitutes your agreement to the revised T&C. We suggest that you read and check the T&C regularly. If you do not agree to the T&C or any changes to them, you must immediately stop using the Site.

If you have any questions regarding the T&C, please contact us by WhatsApp at (852) 6470 3628 and by phone (852) 2804 6318 during office hours; Central Branch (10:00am – 7:00pm) Causeway Bay Branch (11:00am – 7:30pm) everyday.

2. Registration

You are required to register as a member of Berlin Optical if you wish to utilize some of the services of the Site including but not limited to:

You are required to confirm your agreement to the T&C and provide information about yourself that you represent to be true, accurate and current in all aspects. You should ensure that your registration particulars are up-to-date. You may notify us of changes to your registration particulars by WhatsApp at (852) 6470 3628. You also agree Berlin Optical to contact you by the contact information provided in the registration process. Please refer to our Privacy Policy for information about how we use your personal data.

If you are under the age of 18, you are required to obtain your parents and/or guardian’s consent to register an account with us on your behalf or otherwise use our Services.

You agree to accept personal responsibilities for all communications and activities that occur under your account. In case of any breach of security or unauthorized access to your account, you must notify us immediately and withhold any further use of your account until the security issue is notified to us and resolved.

3. Order

3.1 Acceptance of Orders

The order is considered as accepted when the payment is successfully received and you receive an order confirmation email from Berlin Optical confirming receipt of your order with an order number.

Acceptance of orders is also subject to Section 3.2 Non-acceptance or cancellation of order by Berlin Optical below.

3.2 Non-acceptance or Cancellation of Order by Berlin Optical

Your order will not be accepted or will be cancelled under these circumstances:

  1. There is a technical or connection error and other reasons beyond the control of this Site;
  2. The order contains false, missing or erroneous information (e.g. the product is incorrectly priced – please see Section 5. Price for further details);
  3. We are unable to obtain authorization for payment of your purchase
  4. You are not in compliance with the T&C or do not meet the requirements of the T&C;
  5. We detect abnormal purchase behavior e.g. purchase of products in abnormal quantities whether for the order concerned or given the order history placed by you;
  6. There is a suspicion of fraud or attempted fraud;
  7. The product you ordered is out of stock;
  8. We are unable to deliver the product to your designated delivery address – please see Section 7.4 Delivery/ Pick-up Time for details.

Berlin Optical reserves the right to review, reject and cancel your order in its own discretion in accordance with the above circumstances or any other circumstances that it reasonably considers to justify a rejection/cancellation of your order. The decision of Berlin Optical shall be final.

Our Client Service specialist will contact you by email or phone call as soon as practicable if your order is not accepted for any reason and will arrange refund to you if payment is already processed. Please refer to Section 8. Refund for detail.

Products placed in “Wish List” and “Shopping Bag” do not constitute an "order" for the products and we do not reserve inventory for products in “Wish List” and “Shopping Bag”.

3.3 Agreement

Once you click the "pay button", it means you acknowledge:

  1. Your agreement to the terms and condition of purchase as set out in the T&C;
  2. Your obligation of payment upon acceptance of the order by Berlin Optical, and confirmation of the price, the quantities ordered and estimated delivery time of the products;
  3. There may be slight deviation of the real product from the product visuals as featured on the Site due to viewing of product visual through hardware devices;
  4. When you place an order through this Site, such constitutes an offer to purchase. The contract is formed when the order is accepted as stipulated above. If you have ordered several products in one order, and this Site has only issued the order confirmation email to you in regards to part of the orders, the contract in regards to the other products shall be formed when the order confirmation email is issued in respect of the other products.

3.4 Order Cancellation

You may cancel any order within 2 hours after receiving the order confirmation from Berlin Optical.

To cancel an order, you need to send an email as cancellation request to contact us via the contact web form at Contact Us section of the Site. The email should include the order number and the products item code for the product that you request to cancel.

You may cancel the entire order, or specific products in the order;

You will receive an email to notify the processing of cancellation. If you do not receive a notification email within 3 days of your cancellation request, please contact us by phone (852) 2804 6318 during office hours Central Branch (10:00am – 7:00pm) Causeway Bay Branch (11:00am – 7:30pm) everyday to follow up.

Refunds will be credited to your original method of payment. Please refer to Section 8. Refund for details.

3.5 Restriction on Reselling and Commercial Exploitation

All products sold on the Site are for your personal use or as a gift; any reselling or commercial exploitation is strictly prohibited.

If there is any abnormal purchase behaviour which we determine as non-personal use, our Client Service specialist will contact you by email or phone call to follow-up.

We reserve the right to decline acceptance of order with abnormal purchase quantities and reserves the right to terminate any account with abnormal purchase history in our sole discretion. We may contact you by an email or phone call to inform you of the termination of your account in such event. The decision of Berlin Optical shall be final.

3.6 Order Details and Status

You may review your order details and status in:

  1. The order notification emails sent to your designated email account; or
  2. Order record and status in your membership account at the Site by browsing “My Account” under “Order Record”.

3.7 Meaning of Order Status Terms

Order Status
Meaning
Processing
Your order has been received and is now being processed.
Ready for Pick-up
For store pick-up order only
Your order has arrived at the designated store and is ready for pick-up.
Lens Production In Progress
Your order has been accepted for lens production.
Completed
Your order has been shipped/picked up successfully.
Cancelled
Your order has been cancelled.
Closed
Your order has been refunded.

4. Subscription to Contact Lens

Any promotions from retail stores or the Site are not applicable to the subscription plan for contact lens.

You may choose to pre-pay for the annual subscription in full at the time of subscription or by quarterly instalment. For quarterly payment, we will obtain your credit card authorization for four payments and debit each quarterly payment 3-7 business days prior to the time of each delivery.

You may terminate the subscription anytime by contact Our Client Service by WhatsApp at (852) 2804 6318 and giving at least 7 business days’ notice prior to the next intended date of delivery. The remaining delivery will not be delivered and scheduled payment will not be processed.

If you need to change the contact lens product at any time during the annual subscription plan, you will need to terminate the current annual subscription plan first and join a new subscription plan for the intended contact lens products. However, for change of diopters only, you may update your subscription plan at least [7] business days prior to the next intended date of delivery and we may deliver the contact lens with the updated diopters in the next delivery.

5. Price

Price is displayed in the currency of Hong Kong Dollars (HKD) and only payment in HKD will be accepted.

We reserve the right to change the price at any time which will be effective upon posting of the new price on the Site. The change of price does not affect orders already accepted by the Site prior to the posting of the new price.

The original price and sale price on the Site may differ from those offered at retail stores of Berlin Optical. Sale and promotion offered for in-store purchase (including those offered by shopping malls) do not apply to orders placed with berlinoptical.com, notwithstanding that the order may be collected from Berlin Optical Store. Similarly, sale and promotion offered on berlinoptical.com do not apply to in-store purchase. For in-store sale and promotion, please visit our retail stores.

The price shown does not include the costs of delivery (which we offer free delivery for orders placed online and subject to further notice), gift wrapping, and any applicable taxes and duties.

An invoice will be delivered together with the order to indicate all applicable costs regarding the order; purchase record can be found under member account in the Site.

We endeavor to ensure the price accuracy posted on the Site but do not guarantee price displayed to be error-free, and reserve the right to rectify any errors.

When a price error is discovered after you have placed an order and whether or not payment is already accepted, our Client Service specialist will contact you by email or phone call to notify you of the price error and to cancel the order and arrange full refund accordingly. If we are unable to contact you by email or phone call within 3 business days of discovery of the price error, the order will still be cancelled and we will send you an email to notify you of the order cancellation.

6. Payment

6.1 Payment Method Accepted

We accept payment by below means:

  1. Credit Card: Visa, Master

6.2 Payment Method Accepted

All orders must be paid in full for the amount indicated, and paid in HKD without any deduction of bank charges and you shall bear any bank charges if incurred.

6.3 Liability

You represent that the credit card or payment method that is being used is yours (if you have attained the age of 18) or that of your parents or guardian who has registered the account on your behalf and approved use thereof (if you are under the age of 18) and valid, and that all details provided to us are accurate and true. If the card issuer refuses to authorize payment, your order will be cancelled.

6.4 Security

The payment process meets the stringent international security standards set down by the Payment Industry to ensure your shopping experience safe and secure. If you have registered as member on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored in payment gateway that is fully PCI DSS 3.4 compliant as a level 1 service provider. The Payment Card Industry Data Security Standard (PCI DSS) is a set of security standards designed to ensure that ALL companies that accept, process, store or transmit credit card information maintain a secure environment.

We take reasonable care to make this Site secure. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using this Site.

6.5 Invoice

A hard copy invoice will be sent to your designated delivery address together with the order. For Click-and-Collect, a hard copy invoice will be presented at the time of collection of the order.

7. Delivery and Collection

7.1 General

We provide 2 shipping methods: 1). you may choose to have your order delivered to your designated address (Delivery Order) or 2) pick-up the order at the designated store of Berlin Optical(Click and Collect Order).

You will receive an email notifying your order is dispatched to your designated address for Delivery Order or ready to pick up at designated store for Click and Collect Order.

7.2 Delivery Order

Delivery Order will be delivered to the address designated by you in the order form. Only Hong Kong, Macao and Taiwan addresses are accepted. We do not deliver to PO boxes.

If you wish to change the delivery address after an order is placed, please contact our Client Service by email at service@berlinoptical.com within 2 hours after the order is placed. Any change of request on delivery address may cause delay of delivery or extra delivery cost. Berlin Optical does not guarantee that order will be shipped to the updated address if the request is not made within 2 hours after the order is placed.

7.3 Click and Collect

You may choose to collect the order at our shops designated in the order form. You will receive an email notification once your order is ready to pick up at store.

You need to present the email in the notification email when collecting the order. Our staff may ask for personal data to verify your identification. You need to sign a confirmation of receipt of the order upon collection and by doing so, you accept that risk in the products will pass to you at the same time.

If the order is being collected by a third party, the photo ID of the named authorized person together with your written authorization stating the full name of the authorized person and ID card number and duly signed by you should be presented.

If the product is a gift to a third party, the third party recipient is required to present the email in the order pick up notification email. Our staff may ask for the purchaser’s member data to verify identification. The recipient is required to sign a confirmation of receipt of order, upon which you accept that signature of the recipient is evidence of delivery and fulfilment of your order by us. You also accept that risk in the product will pass to you upon delivery of the order to the recipient.

7.4 Delivery/ Pick-up Time

The Delivery Order will only be delivered during business hours and business days of courier company. Delivery to remote areas may have a longer than usual estimated delivery time.

If the recipient is not present at the designated delivery address or not able to take delivery of the parcel, our Client Service specialist will contact you by email or phone call in order to schedule a second delivery attempt. After two failed attempts at delivery by the courier, the order will be deemed to be cancelled.

For Click & Collect Order, the order is kept at designated store for 2 weeks starting from the notification email sent for order ready to be picked up. If you or the recipient is not present or you fail to collect the parcel at the designated store, the order will be deemed to be cancelled.

Refunds will be credited to your original method of payment. If the ordered product is prescription frame and lens, the lens will not be refunded. Please refer to section 8. Refund for details.

For peak seasons and special occasions, delivery and/or pick-up times may be altered. Adverse weather conditions may cause a delay in the delivery of your order. You will be notified by our Client Service as soon as possible with the rescheduled delivery date and time of your order.

7.4.1 For Sunglasses, Frame, Premium and Gift card

We endeavor to deliver products to your designated delivery address within 5-7 business days after an order is accepted. You will be notified of an estimated delivery/pick-up time and address by email. We do not guarantee the estimation time can be met.

7.4.2 For Prescription Frame and Lens

We endeavor to deliver products to your designated delivery address within 10 business day after an order is accepted. You will be notified delivery/ pick-up time by email. The estimated delivery time may be altered by us for reasons including but not limited to inaccurate prescription data, delayed production time and availability of product, and product quality issue. We do not guarantee that the estimated time can be met. Personalized frames and lenses may require more time to produce and hence may have a longer delivery time.

7.5 Delivery Error

If the order has failed to be delivered within the estimated delivery time, please contact our Client Service by email for status tracking.

If the order has not been delivered to you successfully, our Client Service specialist will contact you by email or phone call for re-arrangement of delivery.

If the product is damaged during delivery, you can request for refund by returning the damaged product. You are also required to take photos of the delivery box and the damaged product immediately upon discovery of the damage.

7.6 Responsibility

Once a product has been received by you, all risk of damage to, or loss of the product shall pass to you. In the event that you elect to collect the product from a designated store, all risk of damage to, or loss of the product shall pass to you upon the collection of such product by you or by a third party on your behalf from the designated store.

8. Refund

The refund policy is only applicable to orders placed online at Berlinoptical.com and it is not applicable to purchase made at retail stores of Berlin Optical.

We do not provide product exchange service, instead you can return the purchased item for a refund in accordance with these T&C, and then purchase the right item from this Site.

8.1 Return and Refund Request

Subject to the conditions set out herein, you can request refund within 7 days after receipt of the order. You can request for full refund for Sunglass, Frame and Premium; for prescription frame and lenses, you can request a refund for frame only. The lenses are not refundable.

For any problem related to prescription, please bring back the prescription frame and lens to our retail store within 60 days after receipt of the order, our optometrist will assist you to determine the issue and provide professional advice and if re-arrangement of lenses is necessary to ensure your prescription is accurate and fit.

8.2 Conditions of Return and Refund

  1. Credit The product must be returned in unused and its original saleable condition: all tags, warranty certificates, care instruction, product catalogs, product labeling, authenticity card, eyewear case, dust bags, packages and other accessories that include in the order must be intact and returned together. The decision as to whether the returned product is in its original saleable condition remains in Berlin Optical’s sole discretion and such decision shall be final.
  2. Original invoice shall be presented with the product
  3. The product must not fall within the category of "Non-refundable Items" as defined below.

8.3 Non-refundable Items

The following items are not refundable:

  1. Products damaged by inappropriate use or handling (other than a manufacturing defect or damage through delivery; if maintenance or repair is required, please visit our retail stores.)
  2. All lenses

8.4 Return Procedure

  1. All refund requests shall be handled at our shops. You need to present original product and the required documents for refund handling.
  2. Our staff will ask for your membership card or member personal data for identification purpose.
  3. Our staff will collect your item and conduct a quality check.
  4. You are required to sign a confirmation of Return.
  5. You will receive a notification email upon receipt of your return and refund request.
  6. If the refund request is accepted, you will receive another confirmation email.

8.5 Receive Refund

Refunds will be credited to your credit card or payment account according to your original payment method. Upon receiving a return and refund request, we will process the request within 7 to 10 business days to verdict the request is accepted or rejected, provided that the return complies with the return conditions and procedure.

We estimate that refunds will be made by your payment method provider within 7-14 business days or the timeframe according to the payment method provider after we accept the refund request.

All refund will be paid in HKD.

8.6 Gift Return

Products purchased as gift is required to be returned by the purchaser, not the recipient of the gift. The refund will be credited to the original purchaser's payment method.

8.7 Abuse of Return and Refund

If we detect any suspicious or abnormal return and/or refund activities, our Client Service specialist will contact you by email or phone call to follow up. We will decline the request in our sole discretion.

9. Reservation of Services

You may reserve via this Site for the following services provided by our shops:

  1. Comprehensive Eye Examination
  2. Children Myopia Control and Orthokeratology
  3. Squint and Amblyopia Assessments and Vision Therapy
  4. Vision-related Learning Assessments and Training
  5. Contact Lens Fitting and Evaluation
  6. Handmade Spectacles Dispensing
  7. Other Assessments

All the above services can be reserved online, and are provided by appointed stores.

All online reservations are available. You need to log-in the Site to proceed with reservation. You are only allowed to make one reservation for one of the above services at a time. Upon completion of the service, you may then be able to make another reservation for services.

9.1 Acceptance of Reservation

You need to fill-in the reservation form to request for reservation of any of the above services. You will receive a notification email as a receipt of your request. Our Client Service or staff from store may contact you by email or phone call to re-confirm your reservation details. You will then receive a confirmation email with details after the products arrive "Supporting Store" as acceptance of reservation.

We reserve the right to accept or decline any reservation request in our sole discretion.

9.2 Change of Reservation

Please contact our Client Service by WhatsApp at (852) 2804 6318 for any change or cancellation of reservation.

You will receive a notification email to confirm the change or cancellation of reservation.

9.3 Reserve & Try-On (Click & Reserve)

You may request to reserve products in store for try-on, subject to the following conditions:

  1. a. Up to three products shall be reserved at a time;
  2. b. If you fail to attend the appointed store at the appointed service time, the appointment will be deemed as cancelled, and the reserved products will be returned to warehouse. You will receive an email as notification of cancellation.

10. Warranty & Repair

Warranty & repair service are applicable for products purchased from both offline retail stores and this Site.

10.1 Warranty

Warranty covers free repair service or free parts replacement service for products with manufacturing defects purchased at Berlin Optical within one year from the date of purchase. Complimentary repair and replacement service does not apply to products damaged by misuse, accident and/or products that have been subject to repair by any unauthorized third parties. Charges will be applied to any repairs/replacement request made after one year from the date of purchase.

Lens of sunglasses products are sold without any contractual warranty.

Products which are damaged or defective as a result of fair wear and tear, by accident or due to misuse will not be covered by warranty. Request for repair of such products will incur charges.

During the warranty period, if your item is found to have latent defect, you may request us to:

  1. Repair the defective features or malfunction;
  2. Exchange the defective item for the same products (subject to availability of stock); or
  3. Provided that it is determined by us that the defective product is beyond repair, refund in full of the purchase price may be considered as solution.

To enable us to process the above request, you must present the original invoice, original warranty certificate (for products that come with such certificate at time of purchase) and the defective product. If you fail to present all the required documents, we reserve the right to decline the request.

We reserve the right to request for presentation of personal data for verification of your identity and your purchase record with us.

Customer can only request for repair service at stores.

10.1.1 Prescription lens products

We provide 60 days warranty for prescription lens products. For any problem related to prescription, please bring back the prescription frame and lens to our retail store within 60 days after receipt of the order, our optometrist will assist you to determine the issue and provide professional advice and if re-arrangement of lenses is necessary to ensure your prescription is accurate and fit.

Only prescription lens products purchased from Berlin Optical and with prescription authorized by Berlin Optical optometrists will be accepted for exchange under warranty. The warranty does not cover prescription lens products with lens prescribed by third parties.

To enable us to process the request, you must present the original invoice and the prescription frame and lens. If you fail to present all the required documents, we reserve the right to decline the request.

10.2. Repair

We only accept requests for repair services of products purchased directly from stores or through this Site. We do not accept requests for repair services for products purchased from authorized third parties or dealers of brands, except for products from Linda Farrow and Victoria Beckham brands.

You may request for repair of products covered by warranty.

For products that are not covered by warranty, we will collect the products from you to estimate the scope of repair and provide a quotation and estimated timeframe for undertaking the repair.

You need to bring back the product with the original invoice to any retail stores. You will need to sign an acknowledgement agreeing to Berlin Optical keeping the product for such purpose.

We reserve the right to decline the request for repair in our sole discretion. The decision of Berlin Optical shall be final.

We will endeavor to provide good repair service, but does not guarantee that any products accepted for repair are repairable. We do not guarantee the lead time and cost for completing the repair which depends on factors including the level of damage, the availability of parts and materials of the products. The final decision as to whether a product is repairable is made by the brand supplier.

11. Use of this Site

11.1. Content and Liability

"Content" is defined as any graphics, pictures, logos, icons, images photographs, including all image rights, sounds, music, video, audio or text, and the compilation and organization thereof on this Site.

We endeavor to ensure that the Content on this Site is accurate and complete, but do not guarantee that all Content is accurate or error-free.

We do not guarantee that the functional aspects of the Site will be error free, or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Berlin Optical and we accept no responsibility for any such views expressed in any media.

We are providing the Site, the Contents, products and the services on an "as-is" basis and to the fullest extent permitted by law, makes no representations or warranties of any kind, express or implied, with respect to the operation of the Site or services, the Content or products included on the Site or as part of the services. In addition, we do not represent or warrant that the information accessible via the Site is accurate, complete or current.

To the fullest extent permitted by law, we shall not be liable for any loss, damages or injury of any kind arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

11.2. Intellectual Property Rights

Your use of this Site and its contents does not grant you any rights in relation to any copyright, designs, trademarks and all other intellectual property rights relating to the Content , including (website) software and all HTML and other code contained in this Site.

All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions.

Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

11.3. Third party sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than Berlin Optical, including advertisers.

We have not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites that you visit or access through this Site.

11.4. Your Activity

We may deny you access to this Site on a temporary or permanent basis at any time in our sole discretion. Examples of when we may so deny you access include but are not limited to circumstances when we believe that your use of this Site is in violation of any of these T&C, any law or the rights of any third party or was not respectful to other users.

12. Governing Laws and Jurisdiction

These T&C are governed by and construed in accordance with the laws of the Hong Kong Special Administration Region of China (HKSAR), and the Courts of the HKSAR shall have exclusive jurisdiction.

Last modified: [10.9.2021]
English