Calma™

Who we are

Calma™ is a service provided by Miller & Marc, S.L., a company with registered offices in Madrid and optical stores in Spanish territory. These terms are permanently available for consultation, download and preservation prior to contracting, in accordance with applicable regulations.

Company details

• · Name: Miller & Marc, S.L.
• · Tax ID: B-87363867
• · Registered office: Corredera Alta de San Pablo, 2 — 28004 Madrid, Spain
• · Commercial Registry: registered in the Madrid Commercial Registry, volume 33790, folio 171, sheet M-608163.

Each Miller & Marc optical store holds the relevant health authorisation granted by the competent Autonomous Region, available for consultation at each location.

How to contact us

• · Email: hello@millerandmarc.com
• · Phone: +34 912 98 93 98
• · Web: www.millerandmarc.com

1. What is Calma™

Calma™ is our way of caring for your vision through subscription. You can configure it to fit your needs by combining two options:

• · Glasses Subscription (Calma™ Glasses): 2 or 3 frames (prescription or sunglasses) on rental with purchase option, with all associated services. Governed by Section 2.
• · Contact Lenses Subscription (Calma™ Contact Lenses): periodic deliveries of contact lenses. Governed by Section 3.

You can take out one, both, or add a new one whenever you want. Each Subscription is independent, with its own schedule and fee.

2. How Calma™ is activated

To take out Calma™ you need to be of legal age and a legal resident in the European Union, as well as have a valid payment card issued in the European Economic Area and an active email address to communicate with you.

By accepting these terms online or in store, we formalise the contract and keep proof of your acceptance.

Your Subscription starts when you collect your products (or 30 days after acceptance if you don't collect them). For contact lenses, from the first delivery.

Collection period. When your products are ready at the chosen store, we will notify you. You have 45 days from that notification to collect them. If after this period you have not collected your products without having contacted us, we will consider the Subscription cancelled due to non-compliance. In this case, the 3 initial instalments paid will be applied to the preparation and personalisation costs already incurred, as provided in Clause 12.

3. Payments

By taking out the Subscription, you authorise us to charge your monthly fee to the card you indicate, securely stored by our payment provider. To verify it, we may carry out small temporary checks (€0–1), update it automatically if it expires, or ask you for another one if it stops working.

Always keep a valid and updated payment method. You can change it whenever you want from your customer area. We do not accept cash payments.

If we apply a promotion, it may modify the amount or charging schedule, but never the total duration or the number of instalments of your Subscription.

4. If we can't charge an instalment

We will notify you so that you can update your payment method. You will have ten (10) calendar days to settle it without surcharges. After this period, we may temporarily pause some services of your Subscription (such as eye exams, maintenance or pending deliveries) until the payment is settled. During this pause you retain the use of your products, so instalments will continue to be generated: the fee primarily compensates the availability and use of the glasses, which remain with you. When you settle the payment, we will immediately resume the paused services, without you losing any of those you were entitled to.

If non-payment continues, we may apply the legal interest and reasonable management costs, always with prior notice.

In exceptional cases of continued non-payment, we may rely on a specialised collection agency to help you settle the situation, sharing only the necessary data in accordance with our Privacy Policy.

Non-payment does not automatically cancel your Subscription or your purchase right.

Tax regime. The Calma™ Subscription is treated, for tax purposes, as the rental of movable goods with an ancillary supply of services, subject to the standard VAT rate applicable to this type of transaction (21%). Monthly invoices reflect this classification.

5. How we contact you and notify you of changes

We use email as the main channel to communicate with you. We may also contact you by SMS or WhatsApp for operational matters (activation, deliveries, reminders or incidents). It is your responsibility to keep your contact details (email, phone, postal address) and payment method up to date. Notifications sent to the details on record in our systems will be considered validly delivered, unless a technical failure attributable to Miller & Marc has occurred.

If we need to materially modify these terms (fee, duration, services), we will send them to you and ask you to accept them before applying. Purely operational changes that do not materially affect you will be communicated to you in advance, without the need for express acceptance.

6. Your personal data

We process your data to manage your Subscription, provide the associated services and comply with our legal obligations.

We only share data with providers necessary to operate the service (payments, subscription management, optical ERP, logistics or technical support) and, in cases of unresolved non-payment, with specialised collection agencies.

You can exercise your rights of access, rectification, erasure, restriction, objection and portability by writing to hello@millerandmarc.com. You will find more information in our Privacy Policy and you may file a complaint with the Spanish Data Protection Agency.

We retain your data during the contractual relationship and for the periods necessary to comply with our legal, fiscal, health and fraud-prevention obligations. Some of our technology providers may process data outside the European Economic Area with adequate safeguards in accordance with the General Data Protection Regulation (GDPR).

We may also use automated tools for fraud prevention, identity verification and payment validation to protect service security and prevent improper use.

7. Validity of your electronic acceptance

By accepting these terms online or validating your Subscription in store, you confirm that you have read and accepted them in their current version. This acceptance has full validity as an electronic signature.

We keep proof of your acceptance and you can request a copy of your contract at any time by writing to hello@millerandmarc.com.

The current version of these terms will always be available for download and consultation before contracting.

8. What your Calma™ Glasses includes

Your Subscription is a rental with purchase option: while it is active, the glasses are the property of Miller & Marc. At the end, you can return or buy them.

Your Subscription works with 2 or 3 active frames (prescription, sunglasses, or other categories available at Miller & Marc), provided that the total retail value (frames and lenses included) is at least €250. At least one must be prescription.

If you already have at least two active frames with us, you can add your own frame. We will check if it is suitable and replace the lenses at no cost to include it in your Subscription. Some optical extras may carry a surcharge.

The glasses are for your personal use and cannot be sold, rented, transformed, modified, used as collateral or transferred to third parties without our express consent.

9. Duration, adaptation guarantee, purchase option, and annual frame change

Duration. Your Calma™ Glasses Subscription has an initial minimum period of 24 months from when you collect your products. This period is extended by 12 additional months for each annual frame change made. Upon completion of this period (without further changes), your Subscription moves into Make it Last™ (Clause 14), the continuity phase of Calma™ with a reduced fee.

Adaptation guarantee (100 days). During the first 100 days you can make one change at no cost of a product that doesn't quite convince you. This change does not modify your monthly fee, unless you choose a higher range. This guarantee is different from the 15-day withdrawal right set out in Clause 12: the Adaptation guarantee allows you to change a product that doesn't convince you without leaving the contract; withdrawal allows you to cancel and return during the first 15 days.

Annual frame change. From month 12 of activation, you have the right to one (1) frame change with lenses per year. If you don't use your change in a given year, you can save it and use two the following year. Each change made extends your Subscription by 12 additional months from the date of the change. The fee only varies if you choose a higher range. If you use two accumulated changes at the same time, the extension will be 12 months (it does not double).

Purchase option. If you decide to keep your glasses at the end of the period or at any time during the Subscription, you can do so through a separate purchase agreement. The price will be the outstanding instalments of the period plus three (3) additional instalments, as the value of the used product. The purchase will be completed when you express your intention to buy and we accept in writing or by electronic confirmation.

10. Instalments and included services

When you take out the Subscription, we charge the first three instalments. The fourth is charged four months after activation and, from then on, instalments are monthly.

How your monthly fee is calculated:

Your monthly fee is calculated by applying a 10% discount on the retail price (RRP) of the frames and lenses you choose, distributing the resulting amount across 24 monthly instalments. To this amount, any optional extras you decide to add at the start (premium lenses, limited editions or others) and the services included in your Subscription are added.

In this way, the 24 monthly instalments of the period do not fully amortise the original price of the product. If you exercise the purchase option (Clause 9), you will pay 3 additional monthly instalments as residual value, thereby completing approximately the original price of the products.

In the purchase flow and in your order summary you will always see the calculation applied to your specific choices.

Services included at no additional cost:

• · One annual eye exam at any Miller & Marc store.
• · One annual lens change due to prescription variation equal to or greater than 0.50 dioptres detected by our optical team.
• · One annual cleaning kit.
• · One annual polish per active frame, subject to technical availability.
• · Calma™ Coverage.

When your fee can change. Your fee does not change during the minimum contracted period, unless you make a frame or lens change to a higher range (Clause 9), in which case it is recalculated from the date of the change according to the current tariff. If we update tariffs in the future, the changes will only affect new Subscriptions or renewals, never current Subscriptions with an already established fee.

Value of the included services. The services associated with your Subscription (annual eye exam, annual lens change due to prescription, cleaning kit, annual polish, Calma™ Coverage, in-store care and other benefits) represent a substantial part of the economic value of the Subscription. These services would not be provided outside the Subscription framework at the same cost and are an integral part of the monthly consideration.

Services are personal, may require prior appointment and are subject to availability and technical criteria.

11. Calma™ Coverage (Functional Continuity Programme)

Calma™ Coverage is a commercial benefit included in your Subscription and forms an integral part of the service we offer you. It is not insurance nor does it constitute a transfer of risk, it does not generate monetary indemnity rights and it is applied solely as discounted prices on products and services own to Miller & Marc during the validity of your Subscription.

It is applied as discounted prices on products and services own to Miller & Marc during the validity of your Subscription. It only applies while the Subscription is in force and cannot be exchanged for money or transferred.

Discounted prices per incident:

• · Frame repair or lens replacement (including accidental damage to the product): 3 monthly instalments of the affected product.
• · Replacement due to loss or theft: 6 monthly instalments of the affected product.

For the calculation of the discounted prices, the last monthly instalment agreed for the affected product in the main period of the Calma™ Subscription is taken as reference, before any reduction due to entry into Make it Last™.

If the damage affects the integrity of the product and it cannot be repaired, the replacement co-payment will apply (6 monthly instalments) and we will offer you the same model or an equivalent alternative. As an alternative, we can offer you to start a new Calma™ Subscription, without paying the replacement co-payment.

Calma™ Coverage can be used once every 12 months per product.

Duration of coverage. Coverage of each product is maintained while it is active within your Calma™ Subscription, whether during the main period or during Make it Last™. If you make a frame change, the new product enters into the coverage and the replaced product leaves your Subscription.

Calma™ Coverage is designed to keep your Subscription active and requires the incident to be reported within the following 14 days. In cases of theft or robbery, we may request a copy of the police report.

It does not cover damage arising from improper use, repairs carried out by third parties, wear from normal use of lenses or frames, or abusive uses of the programme. We reserve the right not to apply Calma™ Coverage in cases of reasonable suspicion of abusive use.

12. How to cancel and return

You can request the cancellation of your Subscription at any time from your customer area, by email or at any Miller & Marc store. The request will be registered at that moment. The effective cancellation will apply as follows:

• During the main period: at the end of the current minimum period (24 months, extendable by annual changes).
• During Make it Last™: 30 days after your request, without waiting for any minimum period.

In exceptional circumstances (Clause 12, "Cancellation due to exceptional circumstances" section) we may apply more favourable conditions.

Right of withdrawal (15 days from delivery). Prescription glasses and personalised sunglasses are made to your measure, so the law does not recognise a legal right of withdrawal on these products. As a voluntary commercial measure, at Miller & Marc you can cancel and return your personalised products during the 15 days following their reception.

In case of withdrawal during this period, the 3 initial instalments already paid will be applied to the personalisation and preparation costs of the products, which as a general rule are equivalent to or greater than this amount. The same will apply if you cancel the Subscription before collection or delivery, given that the personalisation process starts from the formalisation of the contract.

For non-personalised products included in your Subscription (sunglasses without prescription), the legal right of withdrawal of 14 days from delivery will apply, with full reimbursement of the corresponding proportional part.

This right is different from the Adaptation guarantee (100 days) set out in Clause 9, which allows you to change a product that doesn't convince you without leaving the contract.

At the end of your minimum period, you have four options:

• · Change and continue. You change a frame for a new design and the Subscription is extended by 12 more months, maintaining all services. The fee only varies if you choose a higher range.
• · End and return. You return the products at any Miller & Marc store and the Subscription is closed. No more instalments, no penalty.
• · Buy your glasses. You can exercise the purchase option provided in Clause 9. The glasses will become yours once the corresponding amount has been paid.
• · Continue in Make it Last™ (default). If after 24 months you don't choose any of the previous options, your Subscription automatically moves into Make it Last™ (Clause 14), a light continuation with reduced fee and no commitment to permanence.

Conditions applicable to returns

Return in poor condition. If products are returned with damage or missing parts beyond reasonable wear from use, we may apply compensation of 2 monthly instalments of the product to cover its repair or replacement. By reasonable wear we mean the usual signs of use (small surface scratches on lenses or frame, slight loss of colour, technical adjustments arising from normal use). The following are not considered reasonable wear: broken or chipped lenses, broken or bent frames, missing parts or repairs carried out by third parties. We will not apply this compensation when the product is more than 36 months from its delivery, as we recognise that prolonged use is a natural part of its useful life.

Cancellation due to exceptional circumstances. In exceptional cases (moving outside Spain, vision surgery or similar), we may offer more favourable cancellation conditions. Contact us and we will study your case.

13. If you decide not to return your glasses

If you have requested the cancellation of your Subscription, you will have 30 days to return your products from the effective cancellation date. Before the deadline ends, we will send you a reminder by email.

If you need more time, you can request a 30-day extension by writing to hello@millerandmarc.com or visiting any Miller & Marc store.

If you finally do not return the glasses within the foreseen period, we will understand that you prefer to continue using them. In that case, your Subscription will automatically continue in Make it Last™, with reduced fee (Clause 14) and the services in force at each moment.

You can cancel Make it Last™ at any time. While you remain in Make it Last™, the glasses will continue to be the property of Miller & Marc, unless you exercise the purchase option.

14. Make it Last™: stay covered with a reduced fee

Make it Last™ is the optional continuity phase of your Calma™ Subscription, designed to help you keep caring for your vision once the main period has ended. It's our way of extending your peace of mind at half the fee.

How you enter. You can access Make it Last™ at the end of your main period or, if you have requested cancellation, by choosing to keep the glasses without returning them. In both cases, the reduced fee and the included services in force at each moment will apply. We notify you by email with at least 30 days' notice so that you can decide with calm.

How long it lasts. It lasts 12 months, automatically renewable for another 12 (up to 24 months in total). Once the 24 months are completed, the contract is not extended: we contact you to agree the closure with you.

What you pay. 50% of your original fee.

What it includes. The usual services of your Subscription described in Clause 10 (annual eye exam, annual lens change due to prescription, cleaning kit and annual polish). Calma™ Coverage against accidental damage remains active during Make it Last™, with the same discounted prices set out in Clause 11 (3 monthly instalments of the affected product, calculated on the main-period fee). During Make it Last™, coverage against loss or theft does not apply. If your product suffers damage that cannot be repaired, we will offer you alternatives: start a new Calma™ Subscription or buy an equivalent new product. To change frame, take out a new Calma™ Subscription (Clause 9).

If you want to leave earlier. You can cancel with 30 days' notice, without penalty. The return follows what is set out in Clause 12.

15. How Calma™ Contact Lenses works

Unlike Calma™ Glasses, Calma™ Contact Lenses includes consumable products: each box delivered becomes yours from that moment. There is no rental or purchase option.

The Contact Lenses Subscription works in 6-month prepaid cycles. Each cycle is charged at the start and delivered complete, without fractioned monthly instalments.

The first cycle is charged upon formalising the Subscription. The following ones will be charged at the start of each new period and will be delivered within the 21 days prior.

You can also request that deliveries be spaced out over time if you consume contact lenses less frequently. In that case, only the delivery schedule changes in your customer portal.

16. No commitment to permanence

The Contact Lenses Subscription has no minimum commitment. You can stop renewing it whenever you want. Each new supply starts a new 6-month cycle. If you decide not to renew, the Subscription will end automatically at the end of the current cycle.

17. Subscription cancellation

You can cancel whenever you want from your customer area or at any Miller & Marc store. Once cancelled, we will not make any further charges or deliveries.

Contact lenses already delivered are yours and do not need to be returned. Paid amounts are not refunded, as they correspond to supplies already prepared, delivered or in the course of delivery.

If you cancel when a supply is already in preparation or shipping, you will receive it anyway and the cancellation will apply to the next cycle.

If you later want to return, you can take out a new Subscription with the conditions in force at that time.

18. Changes

Change of contact-lens type or cadence. If you change the type (prescription, brand, material) or extend the cadence, we recalculate from the date of the change. We compensate the unconsumed value: by extending equivalent months or applying it to the new supply, whichever suits you best. We do not make cash refunds, but nothing is lost.

Change of prescription. If your prescription changes and we update it in an exam, the next deliveries are prepared with the new one. The boxes you already have at home are kept, of course.

19. Delivery and returns

You can choose between in-store collection or home delivery. If a shipment cannot be completed, we will leave the order available for in-store collection. Re-shipments may carry additional cost according to the current tariff.

Prescription contact lenses are personalised for you, so they do not admit return once delivered, except in cases provided by law or for manufacturing defects.

If you receive an incorrect, damaged product or one with a manufacturing defect, let us know as soon as possible at any Miller & Marc store or by writing to hello@millerandmarc.com so we can help you solve it.

20. Legal warranty of the Product

Products included in your Subscription have three (3) years of legal warranty for manufacturing defects, counted from delivery, in accordance with applicable legislation. If a manufacturing defect or lack of conformity appears within this period, we repair or replace it at no cost. For defects manifested after the first two years, we may ask you to demonstrate that the defect already existed at the time of delivery.

The legal warranty is independent of Calma™ Coverage. The warranty covers product defects from its manufacture; Calma™ Coverage covers incidents during use (accidental damage, loss, theft).

If you detect a defect, let us know as soon as possible at any store or at hello@millerandmarc.com. The warranty handling has no cost to you.

21. Liability

We are liable for direct damages arising from breach of our contractual obligations, in accordance with applicable legislation. We are not liable for indirect, consequential damages or loss of profit, except in cases provided by mandatory law (especially in relation to personal damages or wilful misconduct or gross negligence).

Delays for non-attributable causes. We will not be liable for delays in product delivery arising from causes beyond our control (problems with lens or frame suppliers, logistical incidents, force majeure). In these cases we will inform you promptly and do everything reasonable to minimise the impact.

If any liability limitation provided here is invalid in light of consumer-protection rules, the rest of the contract will remain valid.

22. Applicable law and dispute resolution

This contract is governed by Spanish law. For any matter relating to its validity, interpretation or execution, the courts of the Client's domicile shall have jurisdiction.

If you have any complaint, please write to us first at hello@millerandmarc.com: we will try to resolve it directly with you. If we do not reach an agreement, you can resort to the European Commission's online dispute resolution platform (ec.europa.eu/consumers/odr) or to the competent consumer authorities in your locality or Autonomous Region. You also have complaint forms available at any Miller & Marc store.