Legal information

LINDEGGER ET FILS SA SA is the publisher of the lindegger.com website.

LINDEGGER ET FILS SA SA
Cours de Rive 15

1204 Geneva

Switzerland
Tel. +41 (0)22 735 29 11
Fax. +41 (0)22 715 06 29

GENERAL CONDITIONS OF USE OF THE LINDEGGER ET FILS SA WEBSITE

Visitors to the Lindegger Optic website, www.indegger-optic.ch, agree to the following terms and conditions.

Responsibility

Lindegger Optic maintains its website with particular attention to the quality, completeness and security of the information it contains.
In addition, Lindegger Optic takes all reasonable measures to ensure the proper functioning of the website.

Nevertheless, Lindegger Optic cannot guarantee the completeness, accuracy, reliability and comprehensiveness of the information, images, documents, software and other data contained on its site.

Access to and use of the site is at the user’s own risk.

Lindegger Optic cannot be held responsible for any material or immaterial damage that may be caused by access to or use or non-use of the information provided, by misuse of the connection, by technical problems (partial or total unavailability of the site, malfunction) or by the presence of a virus or harmful component on the site or a server.

Lindegger Optic expressly reserves the right to modify, delete or temporarily suspend the content of this website, in whole or in part, at any time and without prior notice.

Lindegger Optic therefore accepts no liability for any direct, indirect or consequential damages that may result from the consultation, use or inability to access this website.

Links to other websites

Lindegger Optic has no influence whatsoever on the information accessible via external links to other websites and therefore accepts no responsibility for the content and quality of these sites.
Third-party websites to which this website may refer are the sole responsibility of those third parties.

Intellectual property/copyright

The entire content of this website is protected by intellectual property law, in particular copyright law.

Downloading, copying or printing texts, illustrations or other data does not entail any transfer of rights to the content.
This website and its contents may be used (downloaded, printed, saved, copied, etc.) for private use only.

The reproduction, transmission, modification or use for public or commercial purposes of copyrighted content, including source code, is subject to the prior written consent of Lindegger Optic.

Data protection on the website and mobile applications

No personal data is recorded when you access this website.
The web server only records non-personal usage data, which reveals trends and enables us to improve our offer (log files).
The data is stored anonymously.

Statistical analysis of visitor numbers

When you visit this website, the servers automatically record information of a general nature concerning your navigation, in the form of cookies. This enables the continuous improvement of the site and the prevention of security breaches.

Statistical analysis of this information is carried out using the Google Analytics software platform.

The data collected is anonymized and is neither shared with other organizations for commercial purposes, nor passed on to other sites.
The web server only records non-personal usage data, which reveals trends that we use to improve our offer (log files).

The information collected is :

The date and time of the visit;
The URL from which you came when you arrived on the site;
The type and version of browser used;
The operating system of the connecting computer, the resolution of the computer screen;
The domain name of the Internet service provider;
The time spent on the site;
The time spent on each page visited;
What you click on in each page visited;
The keywords searched for on the site.

You can disable the use of cookies by selecting the appropriate settings on your browser.
However, such deactivation may prevent you from using certain features of this site.

Website content

The Lindegger Optic website exclusively provides information on the field of optics.
It does not contain any images or information likely to shock or offend the sensibilities of children and minors.

Right of access and correction

In accordance with the provisions of the cantonal law of October 5, 2001 on public information, access to documents and the protection of personal data, any interested party may submit a written request to Lindegger Optic to be informed of the data concerning him/her and, if necessary, to have it updated or corrected.

A copy of the identification document must be attached to the request to confirm the identity of the applicant.

The user confirms that the data provided is accurate and complete. If the data is inaccurate, the customer may request that it be corrected at any time in accordance with Art. 5 HPA by mail.

Applicable law and place of jurisdiction

Swiss law is applicable.
The exclusive place of jurisdiction is Geneva.

Version

Lindegger Optic reserves the right to modify these provisions at any time, without prior notice and with immediate effect.

GENERAL CONDITIONS OF USE OF THE VIRTUAL FITTING

In addition to the above terms and conditions for the use of the Lindegger et Fils SA website, these terms and conditions apply between LINDEGGER ET FILS SA on the one hand, and on the other hand, an Internet user (hereinafter referred to as the “USER”) who wishes to use the services described in these terms and conditions.

1- The Service
The www.lindegger-optic.ch website, published by LINDEGGER ET FILS SA, offers an online virtual eyewear fitting service based on a photograph of a model’s face or a photograph of the USER provided by the USER (hereinafter referred to as the “Service”).

2- Access to the Service
The Service is exclusively reserved for individuals for personal and strictly non-commercial use. Therefore, the USER guarantees to belong to this category. Access to the Service is free and does not require registration.

3- Limitations of the Service
The Service allows the USER to get an idea of the look of the glasses and does not guarantee the conformity of the glasses to the actual models, nor their suitability to the USER’s needs, nor that the rendering of the glasses, as visualized via the Service, will be identical or similar to the actual appearance.

4- Terms of use of the Service
The relationship between the USER and LINDEGGER ET FILS SA is essentially governed by the present terms and conditions.

5- Price of the Service
The Service is offered and provided free of charge.

6- Role and general obligations of LINDEGGER ET FILS SA
LINDEGGER ET FILS SA undertakes to provide the Service in compliance with the present terms and conditions and guarantees that the Service will be provided 24 hours a day, 7 days a week, subject to unforeseen circumstances (technical, third-party, force majeure, virus, etc.) or maintenance operations carried out on the LINDEGGER ET FILS SA site or on the Service. LINDEGGER ET FILS SA reserves the right to stop providing the Service at any time and may refuse or withdraw access to the Service from a USER who has failed to comply with any of the provisions of these terms and conditions.

7- Role and general obligations of the USER
a) The USER undertakes to communicate to LINDEGGER ET FILS SA only photographs representing him or her exclusively. Under no circumstances should he/she upload photos of other people, even with the consent of the third party. This commitment is essential and the USER guarantees that the photographs uploaded belong exclusively to him/her.
b) The USER declares that, by means of the Service, he/she will not communicate photographs whose nature, content or characteristics would be, even in part, contrary to Swiss law or to any other foreign law to which he/she may be subject, to public order and morality, or would undermine the security and interests of Switzerland or any other State.
The USER must particularly ensure that the information and photographs provided :
– Do not infringe on the rights of others, copyrights, trademark rights or more generally any intellectual or industrial property right held by a third party;
– Do not violate the regulations in force concerning the respect of privacy and the protection of personal data;
– Do not include photographs or other content that is pornographic, pedophilic, defamatory or offensive, obscene, rebellious, violent, blasphemous, of a Holocaust denial nature, or that is likely to incite racial hatred, an act of offence, a crime or an act of terrorism, or that condones war crimes or crimes against humanity, or that is likely to induce an individual to commit suicide;
– Are decent and relate exclusively to the USER (This applies to photographs or any other content originating from the USER);
– Must not reduce, disrupt or prevent the use of all or part of the Service (Viruses, Trojan Horses, etc.).
c) If the USER is a minor, he/she must have his/her parents’ authorization to use the Service; this point is essential and decisive.
d) The USER undertakes to use the Service for personal and non-professional purposes. The USER provides LINDEGGER ET FILS SA with all guarantees in this respect.
e) In general, the USER warrants to LINDEGGER ET FILS SA that use of the Service will be in full compliance with applicable regulations.
In the event of non-compliant use, the USER shall bear the costs of defending LINDEGGER ET FILS SA in the event of a complaint filed by a third party against LINDEGGER ET FILS SA or an action brought by a third party in a civil court against LINDEGGER ET FILS SA and shall be liable for all costs and damages incurred by LINDEGGER ET FILS SA in connection with the criminal and/or civil action.
8- Personal data
LINDEGGER ET FILS SA declares that the USER’s personal data are processed in accordance with the provisions of Swiss data protection legislation, and in particular that personal data are only collected or processed to the extent necessary for the provision and management of the Service.

9- Property
All components of the LINDEGGER ET FILS SA website (including components of the Service), whether visual or audio, including the underlying technology, are protected by law (copyright, trademarks or patents).
They are the exclusive property of LINDEGGER ET FILS SA or of a third party who has granted all or part of the rights to LINDEGGER ET FILS SA for the purposes of providing the Service.
THE USER acquires no rights to these elements and may not reproduce, represent or counterfeit them in any way or on any medium whatsoever.

10- Liability
The USER shall be held liable for any proven breach of any of the obligations set forth in these terms and conditions. The glasses presented by LINDEGGER ET FILS SA for the needs of the Service are thus offered in compliance with the agreement of the owners of the rights of these glasses (manufacturers, brands, distributors, etc.). Such persons shall not be held responsible for the Service or for the eyewear presented through the Service.

11- Duration and Termination
These terms and conditions apply for the duration of the online availability of the Service by LINDEGGER ET FILS SA. The Service is provided during the time of consultation by the USER (time during which the USER is connected to the Service).
If the USER does not comply with the rules established, LINDEGGER ET FILS SA may stop the Service without notice or formal notice. Such termination shall not relieve the USER of its responsibility and it shall remain liable for any direct or indirect damages that may be claimed by LINDEGGER ET FILS SA as a result of such violations.
12- General provisions
a) If one or more of the present clauses should be invalidated or annulled by the effect of a law or regulation, or if they should be declared as such by a final decision taken by a competent court, the other clauses shall retain their force and scope.
b) The fact that a Party does not avail itself of a breach by the other Party of one of its obligations shall not be construed as a waiver for the future of the obligation in question.
c) Swiss law is applicable.

UNLESS OTHERWISE PROVIDED BY LAW, IN CASE OF DISPUTE CONCERNING THE EXECUTION OR INTERPRETATION OF THESE TERMS AND CONDITIONS AND AFTER UNSUCCESSFUL SEARCH FOR AN AMICABLE SOLUTION, JURISDICTION IS EXPRESSLY ASSIGNED TO THE COMPETENT COURTS ON THE TERRITORY OF THE CANTON OF GENEVA, NOTWITHSTANDING PLURALITY OF DEFENDANTS EXCEPT IN CASES THAT CAN BE BROUGHT BEFORE THE SWISS FEDERAL COURT.