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Terms of use

Terms of Use

Effective Date of Current Policy: July 25th, 2017

Thank you for coming to www.shakashawaii.com (the “Site”). shaka sunglasses llc, which does business as Shaka's Hawaii, operates the Site and provides services through the Site, but we’ll just go by “Shaka's Hawaii”, “we”, or “us” to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read. We will also just refer to both the Site and the services available through the Site as the “Services” to try to keep things short.

Before using any of the Services, please read these Terms of Use and any other policies and notices on the Site (the “Terms”) and our Privacy Policy at https://www.shakashawaii.com/pages/privacy-policy. Together, these materials contain terms, rules, and other guidelines related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use the Services if you do not agree. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Because these terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, please contact us at service@shaka-glasses.com.

We Reserve the Right to Update and Revise These Terms of Use at Any Time

Things happen quickly, both inside and outside of Shaka's Hawaii, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Eligibility

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, even non-adults deserve fantastic eyewear, so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outlined in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.

We offer the Services only for personal, non-commercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).

Privacy

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information. 

Account Registration

We don’t believe in putting unnecessary roadblocks in your way throughout our Services. You can maneuver most of the Services without creating a user account (”Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

 You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

You can always delete your Account by emailing us at service@shaka-glasses.com

Home Try-On. 

In store? Online? At home? At Shaka's Hawaii, we’re breaking down barriers so these questions won’t be the deciding factor between whether or not you can get great glasses. Shaka's Hawaii offers a free five-day Home Try-On program to help you pick your perfect frames. When you pick frames from our Home Try-On program, we will verify the credit card information, which may pre-authorize a $1.00 charge on the credit card you provide to us. The $1.00 charge is only for security purposes and should typically disappear within about 48 hours of you placing the Home Try-On order, although the exact timing will depend on your bank. When you use our Home Try-On program, you agree to return all Home Try-On frames to us in their original condition within the Try-On Period, using the pre-paid return label we provide. If the Try-On Period ends, and any of the frames have not been returned, or the frames are returned damaged, we will charge your credit card for the full amount of each pair of frames that are missing or damaged. That means this charge applies to frames that you decided to keep or are lost, stolen or damaged. By submitting your Home Try-On order, you authorize Shaka's Hawaii to charge your card for the full retail price of each frame as displayed on our site, plus sales tax where applicable if you do not return your Home Try-On frames according to the guidelines in this section.

In order to avoid being charged, your Home Try-On return package will need to be postmarked (on its way back to Shaka's Hawaii) by the fifth full day after delivery. If your Home Try-On period ends on a weekend or holiday, just drop the return package in the mail on the next available day. 

If you decide to purchase any of the frames you received during the Try-On Period, you may do so by placing an order through the Services. For prescription eyewear, we will also need any required, valid prescription information when you place your order.

Getting Your Shaka's Hawaii Eyewear

1. Select Your Frames: Shaka's Hawaii sells optical and sunglasses frames that can have either prescription or non-prescription lenses.

2. Provide Your Prescription: If you are purchasing prescription eyewear, you can provide your prescription information by one of the following methods:

  • uploading a picture of your prescription from your computer;
  • asking us to call your doctor for your prescription information (you’ll have to give your doctor permission to share your prescription with us); or
  • providing it after you complete your transaction online by emailing Prescriptions@shaka-glasses.com

Please note that your prescription must be valid on the date you place your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.

3. Pupillary Distance Measurement: We will also need your Pupillary Distance (”PD”)  to fill your order. If your PD is not on your prescription you can have a local optical shop measure your PD. If an optical shop charges you to measure your PD, we will reimburse you up to $20 for that expense if you purchase glasses from Shaka's Hawaii. We also provide self-measurement tools online, but there is always a risk that your measurement is not as accurate as one performed by a trained eye care professional. By using our tools, you acknowledge that risk and agree that we will not be responsible for any inaccuracies in your PD.

5. Delivery Information: We’ll need your name, address, and telephone number to send you your Shaka's Hawaii purchase. All orders are shipped worldwide for Free over $50.

Please click here for delivery estimates. 

7. Payment: After you have made your eyewear selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.

6. Checking Order Status: We know how exciting it can be to get a delivery, so once your eyewear is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to email us at service@shaka-glasses.com or click here to track your order at any time.

7. Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order email us at service@shaka-glasses.com with the subject line “Change/Cancel Order.” 

8. Risk of Loss: The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).

9. Returns and Exchanges; Lens Replacement: You have 30 days to return or exchange your Shaka's Hawaii eyewear from the day you receive them. 

 

10. Access to your Prescription: We keep your prescription on file for some time after you order your glasses, and we make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take us a day or two to retrieve older (say, dated more than two years ago) prescriptions. Please keep that in mind if you need your information by a certain day or time.

11. Language: Presently, our order process only supports the English language.

Intellectual Property

 

Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Shaka's Hawaii or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to Shaka's Hawaii, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Services, please contact us at Service@shaka-glasses.com

    Site Access

    Please don’t do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:

    • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
    • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
    • bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
    • run any form of auto-responder or “spam” on the Services; or

    License You Grant to Shaka's Hawaii

    We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback.

    These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.

    Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.

    We do not own any of your content, although by providing content to us, you may grant us a license to use it, as we’ll discuss here.

    When you submit, distribute, transmit, or post any communications or any other material to Shaka's Hawaii (either through the Services; through our pages on third party sites, such as Instagram, Facebook; or through activities in our stores, such as when you take pictures in our store photo booths. This is collectively “User Content”), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Shaka's Hawaii to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable,  fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. Be assured you have our thanks. 

    You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.

    In addition to giving Shaka's Hawaii a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

    Representations About Content You Submit

    When you submit User Content, you represent and warrant that:

    • you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us);
    • that your submission of such materials to Shaka'S Hawaii does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights and
    • all User Content you provide is accurate, complete, up-to-date, and not misleading.

    In addition, any User Content must not

    • include any profanity or obscene, indecent, or pornographic material;
    • contain any unauthorized or unsolicited advertising, such as spam.
    • contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
    • impersonate any person or entity; or
    • include anyone’s identification documents or sensitive financial information.

    Digital Millennium Copyright Act

    Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.

    If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent:

    • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    • identification of works or materials being infringed;
    • identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
    • your contact information, including address, telephone number and, if available, e-mail address;
    • a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
    • a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

    Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by Service@shaka-glasses.com.

    Third-Party Content and User Content

    You may see a lot of different content on the Services. Some of this content will come from other users or sources outside of Shaka's Hawaii. All content, including User Content and third-party content, is the responsibility of the party that creates it. Shaka's Hawaii does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Shaka's Hawaii.

    If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

    Disrupting traditional models in the eyewear industry keeps us pretty busy around Shaka's Hawaii, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.

    We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Shaka's Hawaii will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Shaka's Hawaii or another party provides it.

    WARRANTY DISCLAIMER

    1. We like you and want you to be a long time customer, but we trust you to be adults and have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:

    • which users access the Services;
    • what content you access via the Services;
    • what effects the content may have on you;
    • how you may interpret or use the content; or
    • what actions you may take as a result of your exposure to the content.

    2. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

    3. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHAKA'S HAWAII DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY SHAKA'S HAWAII OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. 

    LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHAKA'S HAWAII OR ANYONE REPRESENTING SHAKA'S HAWAII BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR  SHAKA'S HAWAII SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $200.00.

    THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAKA'S HAWAII WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Termination

    We really hope we won’t ever have to do this, but we do reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

    Governing Law

    No matter where you’re located, the laws of the State of Hawaii will govern these Terms and the relationship between you and Shaka's Hawaii as if you signed these Terms in Hawaii, without regard to Hawaii's state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Hawaii County, Hawaii for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

    Severability

    If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

    Entire Agreement

    These Terms constitute the entire agreement between you and Shaka's Hawaii and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

    Miscellaneous

    We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.

    If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

    The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.

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