1. ACCEPTANCE OF TERMS
Any questions, comments or complaints regarding the Site should be directed to the Eyeconic Customer Service Team at 1-855-EYECONIC (1-855-393-2664) or firstname.lastname@example.org. If you are a California resident, Consumer Assistance at the Division of Consumer Services of the Department of Consumer Affairs is at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or 1.800.952.5210.
2. EYECONIC SERVICES
Eyeconic operates this Site to facilitate the sale of prescription and non-prescription optical products, including without limitation, contact lenses.
To purchase optical products through this Site, you consent(a) for prescription verification, your eye care practitioner (an “ECP”) must be notified of all prescription products sold to you, and (b) your ECP disclosing your prescription and other related information to Eyeconic, its suppliers, and service providers as necessary to fulfill your order. To purchase optical products through this Site, you must be at least eighteen years old or, if you are between the ages of thirteen and eighteen, your parent or legal guardian must supervise your use of the Site.
Eyeconic hopes to make the Site available all day, every day, with the exception of scheduled maintenance. Many factors, however, impact the availability of the Site, including without limitation maintenance, system, or equipment failure or problems encountered with suppliers or service providers, and Eyeconic does not guarantee the availability or functionality of the Site.
3. USING YOUR PASSWORD
When you register an account or change your account information, you shall receive a confirmation of the same on the email address associated with your account. All content or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions, or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone who is not you may have obtained access to your password, change the password immediately. If you are unable to change your password or you suspect unauthorized activity with your password and username, contact the Eyeconic Customer Service Team at 1.855.EYECONIC or email@example.com immediately.
4. ORDERING AND PAYMENT POLICIES
Eyeconic only accepts valid credit cards or other payment method as indicated on the Site (the “Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the Payment Method and that you authorize Eyeconic to charge your entire order to that Payment Method. If the Payment Method is invalid, cannot be verified, or is otherwise unacceptable, Eyeconic may suspend or cancel your order without notice. You agree to keep your Payment Method current until the order is complete and to quickly resolve any problems that Eyeconic encounters while processing your order. You shall make and keep a copy of all records relating to your order, including without limitation your order confirmation page.
Any applicable taxes and shipping and handling charges are additional. All prices are listed in U.S. dollars and are subject to change without notice.
If the product you order is manufactured and sold by a company under multiple labels, you agree that any of those labels may be substituted for the label you order. All items are subject to availability and Eyeconic reserves the right to impose quantity limits, to reject all or part of an order, and to discontinue products without notice. Some frame and lens combinations are not ideally compatible. If you order one of these combinations, Eyeconic will contact you to so you can choose an alternative frame or lens.
To make a purchase on the Site, you must have a United States shipping address. Shipments will not be made to a post office box. Shipping and handling fees are available at check-out and Eyeconic reserves the right to change the fees from time to time without notice. You agree to be bound by the details that appear when you complete your order. Shipping and handling fees may or may not reflect actual costs.
All orders are shipment contracts, not destination contracts. Any shipping time shown on the Site is an estimate only and actual delivery dates may vary.
6. RETURNS AND PROBLEMS WITH OPTICAL PRODUCTS
We want you to be completely satisfied with your purchase. If you’re not, we’re happy to give you a refund or exchange.
Please follow the instructions on eyeconic.com to initiate a return or otherwise contact the Eyeconic Customer Service team at 855.EYECONIC (855.393.2664) or firstname.lastname@example.org. They’ll provide a Return Number (RN) for you to send the merchandise back to Eyeconic within 30 days of the original shipping date.
A FEW THINGS TO NOTE:
We can’t refund you for glasses damaged beyond normal wear and tear or contact lenses and vials removed from their original packaging. You must return all products in the resalable packaging they came in – glasses must return with resalable frame case, and contact lenses must return in original sealed box. The product and packaging may not be tampered with including but not limited to markings, writing or stickers on them.
All refunds will be credited to whatever payment method you chose at checkout. It usually takes about 7-10 business days from the time we process your return for you to receive the credit.
IF YOU HAVE PROBLEMS WITH YOUR OPTICAL PRODUCT, INCLUDING WITHOUT LIMITATION, CONTACT LENSES, PLEASE CONTACT YOUR OPTOMETRIST. IF YOU HAVE UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR OPTICAL PRODUCT IMMEDIATELY AND CONSULT YOUR ECP BEFORE USING OR WEARING THEM AGAIN.
After wearing your new contact lenses, return to your prescribing optometrist for proper evaluation and verification of fitment, insertion and follow-up care. If you do not return to your prescribing optometrist, your prescribing optometrist shall not be responsible for any damages or injury resulting from the prescribed lenses.
WARNING: If you are having any of the following symptoms, remove your lenses immediately and consult your optometrist before wearing your lenses again: Unexplained eye discomfort, watering, vision change or redness.
7. RESTRICTIONS ON USE
8. THIRD PARTY SITES, PRODUCTS, AND SERVICES
Eyeconic may link to various external websites that are not under the control of Eyeconic and you agree that Eyeconic is not responsible for the content, products, or services offered and/or sold by any linked site or any link contained in a linked site. Eyeconic does not assume any responsibility or liability for the actions, products, or content of any of these or other third party websites. Links are provided solely for your convenience and Eyeconic does not guarantee the accuracy or completeness of, or endorse any content of any external website. Eyeconic reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and in no event will Eyeconic be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external website.
To understand our privacy practices and how we may collect, use, store and share your data, including Personally Identifiable Information (PII) and/or Protected Health Information (PHI) when you use this Site, please click here to review our Privacy Notice, which is incorporated herein by reference. Although Eyeconic may provide links to external websites on this Site, Eyeconic is not responsible for the privacy practices employed by those external websites. Eyeconic cannot guarantee the security of any data submitted through the Internet.
All content on the Site, including without limitation the text, graphics, images, URLs, script, and logos, is the property of Eyeconic or its content suppliers and business affiliates and is protected under the copyright, trademark, and other laws of the United States. Nothing on the Site grants you any right or license to use any of the content on the Site without the express written permission of Eyeconic. Except as may be explicitly permitted on the Site, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Site unless you first obtain Eyeconic written permission.
Except with regard to personal information or Protected Health Information, as that term is defined in privacy regulations issued pursuant to HIPAA, all information you post on the Site or communicate to Eyeconic through the Site (collectively, “Submissions”) will forever be the property of Eyeconic. Eyeconic shall not treat any Submission as confidential and shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You hereby represent that your Submission does not infringe the rights of any third party.
12. DISCLAIMER OF WARRANTY
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EYECONIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE AND ITS SERVICES. EXCEPT AS SET FORTH BELOW, THE SITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EYECONIC DOES NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE ARE ACCURATE, RELIABLE, UNINTERRUPTED, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE IS FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.
Neither Eyeconic nor any other service provider or supplier provides any express warranty for any product sold through the Site. It is possible that the manufacturer of the product that you order may provide an express warranty. Any express warranty will only apply if a written warranty labeled “Limited Warranty” or “Full Warranty” is delivered with the product. Not all products come with a manufacturer’s warranty.
14. THIRD-PARTY BENEFICIARIES
You may terminate your use of the Site and your username and password at any time by contacting the Eyeconic Customer Service Team at 1-855-EYECONIC (1-855-393-2664). You shall remain liable for any obligation, including any amount due you incurred prior to termination.
16. CHOICE OF LAW AND FORUM
17. NOTICE AND COMMUNICATIONS
You agree that Eyeconic or its suppliers and service providers may communicate with you by email about current or past orders, information provided by your ECP and all related matters, including without limitation delivering notices or disclosures to you. Eyeconic or its suppliers and service providers reserve the right to communicate with you by other means, including without limitation postal mail, from time to time.
19. NO WAIVER
20. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
IT IS EYECONIC’S VIEW THAT THE SITE DOES NOT CONTAIN MATERIALS THAT WOULD TYPICALLY BE THE SUBJECT OF FILTERING SOFTWARE. NEVERTHELESS, ALL USERS ARE HEREBY INFORMED BY Eyeconic, THE PROVIDER OF THIS INTERACTIVE COMPUTER SERVICE, THAT PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SERVICES) ARE COMMERCIALLY AVAILABLE THAT MAY ASSIST IN LIMITING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS. A REPORT DETAILING SOME OF THOSE PROTECTIONS CAN BE FOUND UNDER THE CHILDREN’S INTERNET PROTECTION ACT: REPORT ON THE EFFECTIVENESS OF INTERNET PROTECTION MEASURES AND SAFETY POLICIES (HTTP://WWW.NTIA.DOC.GOV/NTIAHOME/NTIAGENERAL/CIPA2003/INDEX.HTML).
21. NOTICE OF NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
EYECONIC WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES PROVIDED IN CONNECTION WITH THE USE OF THE SITE TO ANY OTHER PARTY FOR THE PURPOSE OF INITIATING OR ENABLING OTHERS TO INITIATE EMAIL MESSAGES EXCEPT AS STATED IN THE PRIVACY AND SECURITY POLICY OR BY YOUR CONSENT. EXCEPT FOR PERSONS REFERENCED IN THAT POLICY (IF ANY) AS AUTHORIZED RECIPIENTS OF THOSE ADDRESSES, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
22. WEBSITE CONTENT
The content of this Web site is for general informational awareness purposes only. Please consult your ECP for actual advice. Eyeconic shall not be deemed to be engaged in the corporate practice of optometry or medicine as a result of providing this Web site, and expressly disclaims responsibility for any consequences related to any use, misuse, and/or interpretation of the Web site or any of the information contained herein/therein.