TERMS AND CONDITIONS OF SITE USAGE
The Website is operated by Eyestar Optical Group. Eyestar.ca and Eyestaroptical.com are leading online retail stores and information sites for sunglasses, prescription glasses and contact lenses. The Website is designed by us, Eyestar Optical Group, ("we" and "us") a company with limited liability situated in and vested under the laws of the British Columbia, to provide a convenient, private and informative shopping experience for consumers to purchase sunglasses and contact lenses 24 hours a day, 7 days a week.
1. GENERAL TERMS
1.2 The services provided under the Website are supplied by Eyestar Optical.
1.4 The Website is provided "as is" and Eyestar Optical excludes all warranties, conditions and representations of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses.
2. WEBSITE ACCESS
2.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Website, at any time and for any reason, without notice to you. We will not be liable for any reason if the Website is unavailable at any time or for any period.
2.2 Parts of the website are restricted to users who are registered with us. You must register before placing any orders on the Website. Each registration is limited to one user only. Account details can be updated at any time you wish.
3. RELIANCE AND ACCURACY OF INFORMATION DISPLAYED
3.1 Although we strive to ensure that the information contained on the Website is current, accurate and up-to-date at the date of publication, no guarantees, conditions, representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. We exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Website.
3.2 Terms and Conditions relating to the price and availability of products advertised on our Website are available in the Terms of Conditions of Purchase section below.
4. SALE OF MERCHANDISE THROUGH OUR WEBSITE
Contracts for the sale of merchandise formed through our Website are governed by our Terms and Conditions of Purchase. If you do not agree to the Terms and Conditions of Purchase, please refrain from ordering merchandise from our Website.
6. INTELLECTUAL PROPERTY RIGHTS POLICY
6.1 We are the owner or licensee of all intellectual property rights in our Websites and in the material published on it. Those materials are protected by copyright and trademark laws and treaties worldwide. All such rights are reserved.
6.2 You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Websites nor introduce any modifications to the products supplied by Eyestar Optical without a valid license.
6.3 Using the Website does not constitute a license to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, Eyestar Optical and any of the brands advertised on the Website.
6.4 You are permitted to download and print extracts from the Website for your own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Eyestar Optical is not allowed.
6.5 You may not create and/or publish your own creations that feature extensive parts of the Website without the prior written permission from Eyestar Optical.
7. CONTENT USAGE
You may not in any way commercially exploit any content obtained from the Website without prior consent and permission from Eyestar Optical. You must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website.
8. VIRUSES, HACKING AND OTHER OFFENCES
8.1 You may not abuse our Websites by introducing viruses with intent. Viruses include: Trojans, worms, logic bombs, corrupted data or other materials that are technologically malicious. You may not attempt to gain unauthorized access to our Websites, the server that stores our Websites or any other server affiliated with our Websites.
8.2 Violation of Clause 8.1 will result in an offence, where we will report the violation to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them if necessary.
9. LINKING TO OUR WEBSITE
- If you would like to link to this Website, you may do so only on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
- You may not in any way imply that we are endorsing any services or products unless this has been specifically agreed with Eyestar Optical;
- You may not misrepresent your relationship with Eyestar Optical or provide any false information about Eyestar Optical;
- You may not link from a website that is not owned by you
- You may not link from our website if your website contains content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws in Canada.
10. HYPERLINKS ON OUR WEBSITE
The hyperlinks links to external website and third-party resources on our Website are provided for your information. The existence of these external hyperlinks does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
11. MODIFICATIONS TO THE WEBSITE
Eyestar Optical reserves the right to make changes to the Website, policies and these Terms and Conditions for any reason and at any time. You will be subject to the Terms and Conditions in force at the time that you use the Website. Please check back to this page for possible updates.
You agree to indemnify Eyestar Optical from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms And Conditions, including the Intellectual Property Policy (set out above in Clause 6), or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
13.1 You agree that the Website, including the content, is provided free of charge. Eyestar Optical will not be liable to you or any person for any loss or damage of any kind which may arise from the usage of the Website and the usage of information on the Website.
13.2 The Website is intended for use within Canada and the United States of America. Eyestar Optical makes no representation that any product referred to on the Website is appropriate for use, or available, outside Canada and the United States of America. Those who choose to access this site outside of Canada and the United States of America are responsible for compliance with local laws to the extent that local laws are applicable.
13.3 By using this Website, you consent to these Terms and Conditions and disclaimers, as defined by Eyestar Optical. Eyestar Optical reserves the right to change these Terms and Conditions and disclaimers without prior notice to you.
13.4 Eyestar Optical does not limit or restrict its liability for fraudulent misrepresentation or death or personal injury should it arise from the negligence of Eyestar Optical, its directors, employees, affiliates, or other representatives or for any liability that cannot by law be excluded.
13.5 Eyestar Optical will use their best efforts to ensure that the Website is fully operational. This does not account for possible unreliability of the Internet. Eyestar Optical cannot guarantee that the Website will be free from any delays, interruptions or errors.
If you violate these Terms and Conditions and we take no action, we will still be entitled to use our rights and solutions in any other situation when you violate these Terms and Conditions.
If you have any concerns regarding the content of our website and/or these conditions, please contact Customer Service at:
TERMS AND CONDITIONS OF PURCHASE
The following are terms under which Eyestar Optical makes all products advertised on the Website available to you.
By ordering Goods on our website, you agree to the following Terms and Conditions of Purchase.
1.1 Orders to Eyestar Optical must be placed through our website software, and confirmed as received by email@example.com.
1.2 Before you submit your Order, please read through our Terms and Conditions of Purchase, and carefully check that the details provided with your Order are complete and accurate. If you believe a mistake has been made, please contact us at firstname.lastname@example.org
1.3 Submitting your Order does not mean that we have accepted the Order for Goods. These Terms and Conditions will become binding on you and us when you receive our written acceptance of an Order (if ordered via our website), at which point a contract will come into existence between you and Eyestar Optical.
1.4 If you need to make any changes to a custom-made Order, your prescription, or your Order details, you must notify us within one business day of the Order being placed. If changes are made after this time additional fees may be incurred. Cancellations made after one business day may result in a restocking fee of 50% of the prescription lens purchase price.
1.5 Eyestar Optical reserves the right to refuse any order, at any time, for any reason. Eyestar Optical also reserves the right to refuse service in store of any customer who has been refused service online. This policy is reserved for use in the case of warranty/exchange fraud, orders placed under fraudulent circumstances, orders placed with fraudulent payment information, customer misrepresentation and general abuse of our company employees, website, products and policies by the user.
1.6 Contact Lenses Ordering
Eyestaroptical.com can only sell contact lenses when you have a valid prescription and have been fitted by an eye care professional or when you match the prescription that you have successfully worn them before.
Valid Prescription Required for Contact Lenses
By placing an order, you certify that you have a valid prescription from a certified eye care physician or equivalent eye care professional for the contact lenses you are ordering. Furthermore, you certify that the information submitted matches the prescription given to you by the eye care professional and is valid within the time period specified by the eye care professional. You further certify that you will renew your prescription in accordance with your eye care provider’s suggested time period. We are not obligated to fulfill orders if we are unable to verify your prescription. By providing your prescription and contact information for your eye care professional, you grant us the right to contact him/her on your behalf in order to verify your prescription. We highly recommend getting a comprehensive eye exam at least every two years to ensure your eyes are healthy and the contact lenses are suited to your vision needs. Contact lenses prescriptions are different from eyeglasses prescriptions.
By completing your order, you are hereby confirming that you have successfully worn the contact lenses before and the order matches the contact lenses prescription given to you by your eye care professional.
A contact lens prescription may include the brand and type of lens your eye care professional has determined it fits you well. The contact lens material will affect the way it fits your cornea and matching measurements such as base curve (BC) and diameter (DIA) from one lens to another does not guarantee the same fit.
Please seek the advice of your physician or equivalent qualified health provider if you have any questions regarding eye care. If you experience any pain, blurred vision, or other symptoms of the eye, please consult your physician or eye care professional.
2. LIMITATIONS OF SUPPLY OF GOODS
We cannot always guarantee the availability of Goods as set out on our site. If the Goods you have ordered are no longer available, we will not process your Order and inform you of this change by email. A refund will be made to you if you have already paid for the Goods.
3. CURRENCY AND PRICING
3.1 Currently, we accept only Canadian dollars.
3.2 The price of the Goods will be set out in our price list in force on our website at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
3.3 There is a possibility that despite our best efforts, Goods listed on our Website may be priced incorrectly. In this circumstance, if the Goods’ correct price is less than our stated price, we will charge the lower amount. If the Goods' correct price is higher than the price stated on our site, we will contact you for further discussion.
3.4 Payment for Goods must be paid in advance through credit card or PayPal.
4.1 Please note that delivery times and delivery charges will vary depending on the availability of the Goods and your address. We will contact you with an estimated delivery date. We will follow up with a notification when the Goods have been shipped.
4.2 Orders outside Canada and the United States of America are not accepted.
4.3 Orders to freight forwarders for delivery outside of North America are prohibited. If we feel that an order is being shipped to a freight forwarder, we reserve the right to cancel the order and refund the transaction.
4.4 Delivery of an Order shall be completed when the Goods are delivered to the address provided by you to us. The Goods will be your responsibility from the completion of delivery. When we have received the payment in full, the Goods will be considered under your ownership.
5. RETURN AND EXCHANGE POLICY
For items purchased from ONLINE:
- Contact Lenses: Return: 365 days* / Exchange: 365 days*
- Sunglasses: Return: 30 days / Exchange: 30 days
ONLINE Return & Exchange Policy
Contact Lenses: Contact lenses can be returned/exchanged in-store or via mail within 365 days of your original purchase date. Item(s) must be in their original condition(s); boxes must be unmarked, undamaged, unopened, uncut and unexpired. There are no partial refunds. All astigmatism/toric, color and presbyopia/multi-focal products are a final sale with no return due to customization. See " How to return purchases." In the unlikely event of a manufacturer defect with your contact lenses, do not throw them away. See "Manufacturer Warranty".
Sunglasses: Sunglasses can be returned/exchanged in-store or via mail within 30 days from the shipped date. Item(s) must be returned in their original condition with all packaging and any warranty cards, and/or certificate of authenticity provided by the manufacturer. See " How to return purchases". Special order items are final sale and not eligible for returns or refunds. Customers will be advised prior to shipping that an item is a special order and final sale. ALL SALE PRICED ITEMS ARE FINAL SALE.
Prescription Frames: Prescription frames can be returned/exchanged in-store or via mail within 30 days from the shipped date. Item(s) must be returned in their original condition with all packaging and any warranty cards, and/or certificate of authenticity provided by the manufacturer. See " How to return purchases". Special order items are final sale and not eligible for returns or refunds. Customers will be advised prior to shipping that an item is a special order and final sale. ALL SALE PRICED ITEMS ARE FINAL SALE.
Prescription Lenses: Prescription lenses can be returned for 50% of the purchase price within 30 days from the shipped date. All lenses purchased at promotional pricing are a final sale with no return. See " How to return purchases". For exchanges due to prescription adjustment, see "Manufacturer Warranty".
- Refunds will be credited to the original payment method, minus shipping charges. We are unable to switch refunds to a new or different payment method.
- Exchanges are offered for only the same item in different size, prescription, and color.
- All refunds, exchanges, and warranties are subject to inspection. Any items that do not meet the above conditions may be refused or subject to a 15% restocking fee. Customer may incur charges made by credit card companies for processing transactions.
- Eyestar Optical is not liable for delays or damages caused during shipping.
- All products purchased in-store will fall under the in-store purchases return/exchange policy.
- Policy is subject to change without notice.
For items purchased IN-STORE:
- Contact Lenses: Return: n/a / Exchange: 180 days*
- Frames: Sun & Optical: Return: n/a / Exchange: 7 days
- Prescription Lenses: Return: n/a / Exchange: See Manufacturer Warranty
IN-STORE Return & Exchange Policy
Contact Lenses: There are no refunds on contact lenses purchased in-store. Exchanges for the same product with a different prescription can be made within 180 days from original purchase date. Exchange item(s) must be in their original condition(s); boxes must be unmarked, undamaged, unopened, uncut and unexpired. There are no exchanges or refunds on all astigmatism/toric and presbyopia/multi-focal product due to the specific customization of these items.
Sunglasses: Sunglasses can be exchanged within 7 days of the original purchase date. Any difference in price will be paid by the customer or become a store credit. Exchange item(s) must be in their original condition with packaging, warranty cards, and/or certificate of authenticity.
Prescription Frames: Prescription eyewear is customized for each individual, there are no refunds. For exchanges due to prescription adjustment, see " Manufacturer Warranty".
- Eyestar Optical in-store purchase(s) can be returned/exchanged at any Eyestar Optical store location.
- All exchanges and warranties are subject to inspection.
- Customer may incur charges made by credit card companies for processing transactions.
- We are unable to switch refunds to a new or different payment method other than what was used on your original purchase.
- All products purchased in-store will fall under the in-store purchases return/exchange policy.
- Conditions are subject to change without notice.
How to Return Online Purchases
If you wish to return your online product please follow the steps below. Please note, this does not apply to returns for in-store purchases.
THERE ARE 2 WAYS TO RETURN YOUR ONLINE PURCHASE.
- Return in-store:
- IMPORTANT: To return a product, please email our Online Customer Care Centre at email@example.com for a Return Authorization Number (RAN) BEFORE visiting our store.
- Visit us at any Eyestar Optical store location, bring your purchase and invoice with original packaging, warranty cards, and/or certificate of authenticity along with your RAN number from our Online Customer Care Centre.
- Items must be in the original condition. We'll take care of the rest.
- Return via Mail:
- IMPORTANT: To return a product, please email our Online Customer Care Centre at firstname.lastname@example.org for a Return Authorization Number (RAN) BEFORE shipping back to us. Items received without RAN number will not be accepted.
- A Customer Care Representative will email you a return label. (Free return is for Canada only.) Please print it out and securely place it on your package with the RAN number clearly visible on the label.
- All items must be returned in the original, sell able condition along with any included accessories (warranty card, certificate of authenticity, etc.).
- Include your invoice inside the package.
- RETURN ADDRESS WILL BE PROVIDED WITH RETURN AUTHORIZATION NUMBER. NO RETURNS ACCEPTED WITHOUT RETURN AUTHORIZATION NUMBER.
All refunds will be made in the original method of payment used for your purchase. Refunds will appear on your credit card statement. This process may take up to 6 weeks depending on your credit card provider. All refunds, exchanges, and warranties are subject to inspection. Any items that do not meet the above conditions may be refused or subject to a 50% restocking fee. Free return shipping for online purchases is for Canadian addresses only. We are not liable for delays or damages caused during shipping. Conditions are subject to change without notice. When returning your online order (in-store or returning by mail), you will not be refunded for your import or original shipping fees.
6. CANCELLATION POLICY
6.1 Any custom-made items (prescription lenses or tints) must be cancelled within 24 hours of the Order being placed. If your Order has been shipped, return authorization will need to be given. Please contact us for a RETURN AUTHORIZATION NUMBER.
RETURN ADDRESS WILL BE PROVIDED WITH RETURN AUTHORIZATION NUMBER. NO RETURNS ACCEPTED WITHOUT RETURN AUTHORIZATION NUMBER.
If you have concerns about cancelling your order, please contact us as soon as possible by emailing us at email@example.com
or calling us at 1-877-263-9459