Terms of Use
Terms of Use
Effective Date: April 10, 2025
Welcome to 5 Star Optics! We’re excited you’re here to discover our high-quality optical frames, prescription lenses, and fashionable sunglasses. These Terms of Use (“Terms”) govern your access to and use of our website, www.5staroptics.com (the “Site”), our mobile applications (the “App”), and any services provided through them (collectively, the “Services”). By using our Services, you agree to be bound by these Terms, so please take a moment to read them carefully. If you don’t agree, we kindly ask that you refrain from using our Services.
At 5 Star Optics, our goal is to make your eyewear shopping experience seamless, stylish, and straightforward. These Terms are in place to ensure clarity and fairness for both you and us. If you have any questions, don’t hesitate to contact us at hello@5staroptics.com or call +1 415-255-5200.
PLEASE NOTE: THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 17). THIS AFFECTS YOUR LEGAL RIGHTS TO RESOLVE DISPUTES. PLEASE REVIEW THIS SECTION CAREFULLY.
1. Updates to These Terms
We may revise these Terms periodically to reflect changes in our business practices, legal requirements, or industry standards. When updates occur, we’ll notify you by posting the revised Terms on our Site and updating the “Effective Date” above. Changes take effect seven (7) days after posting, and your continued use of the Services after that period indicates your acceptance of the updated Terms. We encourage you to check back regularly to stay informed.
2. Who Can Use Our Services
Our Services are designed for users who are at least 18 years old and capable of entering into legally binding contracts under applicable law. If you’re under 18 but at least 16, you may use the Services with the supervision and consent of a parent or legal guardian, who will be responsible for your actions. Users under 16 are not permitted to use our Services independently, though parents or guardians may purchase eyewear on their behalf.
We reserve the right to refuse access to our Services or modify eligibility criteria at our discretion. The Services are intended for personal, non-commercial use only, unless explicitly authorized by 5 Star Optics.
Note for International Users: Our Services are primarily designed for users in the United States. If you access our Services from outside the U.S., you do so at your own risk and are responsible for complying with local laws.
3. Privacy Policy
Your privacy is important to us. Our outlines how we collect, use, and safeguard your personal information when you use our Services. Please review it to understand our data practices.
4. Your Account
To place orders or access certain features, you may need to create an account (“Account”). You’re responsible for all activities under your Account and for keeping your login credentials secure. Please don’t share your Account information with others or use someone else’s Account without permission.
Ensure the information you provide for your Account is accurate and up-to-date. Inaccurate details may cause delays or errors in your orders, for which we cannot be held responsible. If you suspect unauthorized access to your Account, contact us immediately at hello@5staroptics.com.
5. Ordering Eyewear
a. Selecting Frames and Lenses
Explore our Site or App to choose from our diverse range of optical frames, sunglasses, and lenses, including single vision, bifocal, progressive, and photochromic options. You can order frames with or without prescription lenses. During checkout, you’ll upload your prescription (if applicable) and select any desired lens coatings, such as anti-glare or UV protection.
b. Providing Your Prescription
For prescription eyewear, you must provide a valid prescription from a licensed optometrist. Upload it during checkout or email it to hello@5staroptics.com. We may reach out if additional information is needed to fulfill your order.
c. Payment and Order Confirmation
We accept secure payment methods, including Bank Transfer, PayPal, Google Pay, and Apple Pay. By submitting your order, you authorize us to charge your selected payment method. You’ll receive an email confirmation with your order details and estimated delivery timeline.
d. Shipping and Delivery
We offer multiple shipping options, including DHL, FedEx, UPS, and USPS, with delivery typically within 1-3 business days. International shipping is available, with costs calculated at checkout. You’re responsible for any customs duties or taxes.
e. Returns and Exchanges
Our 14-day return and exchange policy allows you to return or exchange eligible items. Contact us within 14 days of receiving your order to initiate the process. For details, see our .
f. Risk of Loss
The risk of loss and title for your order passes to you upon delivery to the carrier (e.g., DHL, FedEx, UPS, or USPS).
6. Virtual Try-On
Our virtual try-on tool allows you to upload a photo to preview how frames look on you before purchasing. This feature is provided for convenience, and while we aim for accuracy, the actual fit and appearance may vary slightly.
7. Intellectual Property
All content on our Services, including images, designs, logos, text, and the overall “look and feel” of our Site and App (collectively, “Content”), is owned by 5 Star Optics or our licensors and protected by U.S. and international copyright and trademark laws. You may not copy, reproduce, distribute, or modify our Content without our prior written consent.
If you’d like to use our Content for any purpose, please contact us at hello@5staroptics.com.
8. User Content
a. What is User Content?
“User Content” refers to any material you submit to us, such as reviews, comments, or photos shared via our Services or social media pages. By submitting User Content, you grant 5 Star Optics a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display it for purposes like promoting our Services.
b. Your Responsibilities
You represent that your User Content:
- Is your original work or you have the right to share it.
- Does not infringe on anyone’s rights, including privacy or intellectual property.
- Is accurate and not misleading.
- Does not contain obscene, offensive, or harmful material.
We reserve the right to remove or moderate User Content that violates these Terms.
9. Restrictions on Use
To ensure our Services remain safe and enjoyable, you agree not to:
- Use the Services for commercial purposes without our consent.
- Copy, modify, or distribute our Content or Services.
- Attempt to reverse-engineer or interfere with our Site or App.
- Use automated tools (e.g., bots, spiders) to scrape data.
- Engage in any activity that disrupts our Services or violates applicable laws.
10. Warranty Disclaimer
Our Services and products are provided “as is” without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose. We don’t guarantee that our Services will be error-free, secure, or uninterrupted, or that product images and descriptions will be 100% accurate at all times.
Note: Some jurisdictions may not allow certain warranty disclaimers, so some exclusions may not apply to you.
11. Limitation of Liability
To the fullest extent permitted by law, 5 Star Optics, its affiliates, and representatives will not be liable for:
- Indirect, incidental, or consequential damages (e.g., lost profits, data loss).
- Damages from errors, interruptions, or unauthorized access to our Services.
- Any damages exceeding the greater of (a) the amount you paid for the applicable order or (b) $500.
These limitations apply regardless of the legal theory and whether we were advised of the possibility of such damages.
12. Termination
We reserve the right to suspend or terminate your access to our Services at our discretion, without notice, for any reason, including violation of these Terms. Your obligations under these Terms will survive termination.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes not subject to arbitration (see Section 17) will be resolved in the state or federal courts of San Francisco County, California, and you consent to their exclusive jurisdiction.
14. Dispute Resolution and Arbitration
a. Agreement to Arbitrate
To resolve disputes efficiently, you and 5 Star Optics agree that any claim arising from these Terms or your use of the Services will be settled through binding arbitration, except as noted below. Arbitration is less formal than a lawsuit, uses a neutral arbitrator, and waives your right to a jury trial or class action.
b. Exceptions
You or we may pursue claims in small claims court, seek injunctive relief, or address intellectual property disputes in court without arbitration.
c. Arbitration Process
Arbitration will follow the American Arbitration Association’s (AAA) Consumer Arbitration Rules, available at www.adr.org. To initiate arbitration, send a written notice to us via email at hello@5staroptics.com, describing the dispute and relief sought. If unresolved within 30 days, either party may begin arbitration.
d. Fees and Location
For claims under $10,000, you may choose whether arbitration occurs virtually or in San Francisco, CA. We’ll cover arbitration fees unless your claim is deemed frivolous, in which case AAA Rules govern fee allocation.
e. No Class Actions
Claims must be brought individually, not as part of a class or representative action, unless we both agree otherwise.
f. Changes to Arbitration
If we modify this arbitration clause, you may reject the change by notifying us within 30 days, preserving the prior terms for your account.
15. Severability
If any part of these Terms is found invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the remaining Terms will remain in effect. These Terms do not affect any non-waivable statutory rights.
16. Electronic Communications
By using our Services, you consent to receive electronic communications, such as order confirmations and updates, which satisfy any legal requirement that such communications be in writing. To manage your preferences, contact us at hello@5staroptics.com.
17. Entire Agreement
These Terms, along with our and , constitute the entire agreement between you and 5 Star Optics regarding the Services. They supersede any prior agreements or communications.
18. Contact Us
Have questions about these Terms or our Services? We’re here to assist! Reach out to us at:
- Email: hello@5staroptics.com
- Phone: +1 415-255-5200
Thank you for choosing 5 Star Optics for your eyewear needs. We’re excited to help you see the world with clarity and style!
