TERMS AND CONDITIONS

PREAMBLE

1st. These general conditions of sale are agreed between CLÉRIGO & LOPES, LDA., with registered office at RUA ROGÉRIO FIGUEIROA REGO, N.º 153, 1º DTO, 2565-814 TURCIFAL (TORRES VEDRAS - PORTUGAL), NIF 516 373 838 and contact +351 261 404 802, hereinafter called "COMPANY" and people who wish to make purchases through the website https://app.clairetool.com hereinafter called "User".
2nd. *.clairetool.com is a web application platform that provides calculation tools to help eye care professionals (User) fitting specialty contact lenses.
3rd. All technical advice and calculations made by CLAIRE applications are based on available fitting guides published contact lens manufacturers. However, contact lens manufacturers are not responsible for the data, results, educational tips or calculations provided by any of the applications available on the CLAIRE platform. These are the sole responsibility of the CLAIRE platform.
4th. Any data or value, assessment or appreciation of images, facts or its interpretation, entered on the CLAIRE platform, will be the sole responsibility of the User.
5th. For the provision of calculation services and virtual technical assistance, the prior purchase of credits/tokens that allow access and use of these web applications is required.
6th. The parties agree that purchases made through the https://app.clairetool.com website will be governed exclusively by this agreement, excluding the conditions previously available on the website.

ARTICLE 1 - PURPOSE

1. The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that, where appropriate, are offered to Users (hereinafter, Services).
2. The company reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Content and Services that may be included in it. The User acknowledges and accepts that at any time The company may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
3. Apart from the cost of connection through the telecommunications network provided by the access provider, and that the User has contracted, the Contents or Services offered by the company or, where appropriate, third parties through the Website are subject to the prior contracting of the Content or Service by the User, in which case the corresponding General or Particular Conditions by which this is governed will be clearly specified and/or made available to the User.
4. The use of the Contents or Services of the Website will be done by entering a “user name” and “password” generated by the same User.

ARTICLE 2 - ORDER

1) The User finalizes his order by completing the purchase process presented on the website https://app.clairetool.com.
2) To send the order, Users must:
- a) Register on the website https://app.clairetool.com, providing the information requested therein.
- b) Carry out the "login" (providing a combination of email and password chosen by the User when registering).
- c) Complete the information and choose the options available to the User throughout the process of formalizing the order (billing address, payment method, as well as the CIF and name that, for tax purposes, the User want to appear on the invoice) .
3) The final confirmation of the order by the User is equivalent to the full and complete acceptance of the prices and description of the products/services available for sale, as well as these General Conditions of Sale, which will be the only ones applicable to the contract as well concluded.
4) The COMPANY will honour orders received online. In case of unavailability of the provision of the service, THE COMPANY undertakes to inform the User as soon as possible.
5) The data contained in the invoice is the responsibility of the User. Once issued, the invoice cannot be reissued with changes.
5) The data contained in the invoice is the responsibility of the User. Once issued, the invoice cannot be reissued with changes.

ARTICLE 3 - PAYMENT

1) On the website https://app.clairetool.com, the COMPANY offers the User the following payment methods through Easypay - Instituição de Pagamento Lda:
- a) Credit card (Visa, Mastercard);
- b) Multibank Reference;
2) In the case of payment by credit card, the debit will be made to the User's card immediately after confirming the ability to provide the service. If any of the requested services cannot be provided, its value will be credited to the User's card once the order is closed.

ARTICLE 4 - AVAILABILITY AND CONSUMPTION

1. The service will be available after payment confirmation.

ARTICLE 5 - PRICES

1. The prices must be understood in Euros, with fees and taxes included, taking into account the VAT in force on the date of payment of the order.
2. If there is an increase in the Price of any service, the User will be informed immediately, and may choose to continue with their order (paying the difference) or cancel it.

ARTICLE 6 - CANCELLATION AND REFUND

1. The cancellation or return process is managed individually for each case by CLÉRIGO & LOPES, LDA. The request must be sent in writing to the contact email info@clairetool.com, within 14 days after the order, being the instructions for cancellation or refund of the amount paid answered and defined by the COMPANY, by the same means of communication.
2. Whenever possible, the refund must be made using the same payment method, but if this is not possible, the user must present proof of payment and ownership of an account or card, so that the refund can be made by Bank Transfer.
3. The COMPANY undertakes to reimburse the User within a maximum period of 30 days.

ARTICLE 7 - ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

The company does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. The company will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.

Nor is it responsible or guarantees that the content or software that can be accessed through this Website is error-free or causes damage to the User's computer system (software and hardware). In no case will the company be responsible for losses, damages or losses of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

The company is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

The company tries to provide a work protocol to facilitate the User the fitting of contact lenses that are the object of the Website.

For this, information related to the fitting guide of said products and guidelines for the solution of problems will be used. This information will be provided by the same manufacturing laboratories and/or research and development groups of the contact lenses that are the object of the Website.

Given the relevance of the foregoing, the company is not responsible for errors in technical advice and/or imprecise recommendations, as a result of following the guidelines indicated by manufacturing laboratories and/or research and development groups for contact lenses, as well as the inaccuracy and/or lack of veracity in the information entered by the User in the forms on the Website.

ARTICLE 8 - INTELLECTUAL AND INDUSTRIAL PROPERTY

The company, by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be work protected as intellectual property by the Portuguese legal system, being applicable to them both the Portuguese and community regulations in this field, as well as the international treaties related to the matter and signed by Portugal.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited in any support and by any technical means, without the authorization of the company.

The User undertakes to respect the intellectual and industrial property rights of the company. He may view the elements of the Website or even print, copy and store them on his computer's hard drive or on any other physical medium as long as it is exclusively for his personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website supposes a violation of the rights of protection of intellectual property, they must immediately notify the company through the contact information present in the “Legal Notice” and “Terms and Conditions” sections.

ARTICLE 9 - LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

The company reserves the right to file the civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.

The relationship between the User and the company will be governed by the current regulations of the World Trade Organization (WTO). If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the corresponding judges and courts according to law.