Terms & Conditions
Thank you for visiting this website, Lens and Frames website (the "Site"). The Site is designed by us, OptiCommerce ("we" and "us"). We want each visitor to the Site ("you") to read and comply with the following Catalogue Terms and Conditions.
These Terms and Conditions (which include the Privacy Policy and the Cookie Policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
Product based conditions:
LIMITATIONS OF SUPPLY OF GOODS
While we make every effort to ensure that the products shown on our website (the “Goods’’) are currently available, we cannot always guarantee the availability of Goods as set out.
OUR FRAMES AND LENSES GUARANTEE
Lens and Frames guarantees your new optical equipment (lenses and frames), against manufacturing defects and/or hidden material defects under normal conditions of use, for 1 year from the date of purchase from us. This guarantee does not cover the damage caused by the wear and tear of everyday use, or the damaged caused by sudden force or impact. Breakage and scratches are excluded from these guarantees.
ADAPTATION WARRANTY
In case of unsuitability of your new lenses, Lens and Frames may replace them.
This adaptation warranty only applies:
(i) To all progressive lenses, including Progressive lenses of Varilux® brands and prescription single visions lenses; and
(ii) When you express any difficulties of adaptation persistent despite a regular wearing of the equipment as recommended by your eye care practitioner.
This adaptation warranty is subject to (a) your written/verbal notification to us of the difficulty of adaptation, within a maximum period of sixty (30) days from the completion of delivery and (b) the provision by you of all the information necessary for our analysis of the difficulty of adaptation.
If the cause of the difficulty of adaptation imposes a modification of the equipment despite our support, Lens and Frames will replace them, once, with a more satisfactory equivalent solution, from the reception of the non-fitting lenses.
For the avoidance or doubt, this adaptation warranty does not cover broken, lost or stolen equipment and does not cover measurement errors, mistakes or any other damage caused by third party.
DAILY COMMITMENTS
We are at your disposal to carry out free of charge maintenance of your glasses: adjustment, fitting and cleaning. The replacement of nose pads is free of charge for one year following the purchase of your equipment.
PRICES AND PAYMENT
The price of the Goods will be set out according to our consumer price list available in our stores 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 and you have paid an advance for.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other materials (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All such rights are reserved.
You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
You may not infringe any of the intellectual property rights associated with the creation, manufacture, design, branding and packaging of any products or services advertised on the Site.
Lens and Frames trade name, or any other trademarks (whether unregistered or registered) set out on our site are the intellectual property rights of Lens and Frames Opticians and must not be used or reproduced without our prior written consent.
AVAILABILITY OF ADVICE
Our team shall assist you to answer any questions you may have about your spectacles.
DATA PROTECTION
All personal data will be handled confidentially in accordance with the relevant data protection laws and with our Shop Privacy Policy. We collect, store and process personal data exclusively for customer requests. This comprises of:
- First Name, Family Name
- Invoice and Delivery Address
- E-Mail Address
- Date of Birth
- Telephone Number
You agree to provide true, accurate, current and complete information about yourself as prompted.
DISCLAIMER
The Content in this Site this is from internal and external sources to the best of our knowledge and belief, using professional diligence. The information on the Site is purely for the purpose of presenting our products and services. HOWEVER, NO REPRESENTATION IS MADE OR WARRANTY GIVEN, EITHER EXPRESSLY OR TACITLY, FOR THE COMPLETENESS OR CORRECTNESS OF THE CONTENT ON THIS SITE FOR ANY PURPOSE. Please be aware that this information although accurate on the day it was published may no longer be up to date. We therefore recommend that you check any information. Should you require any advice or instructions concerning our products or services, please contact us directly.
LIMITATION OF LIABILITY
You use the Site under your exclusive responsibility and are solely responsible for the data as stored by Lens and Frames by virtue of these Shop Terms and Conditions.
Unless otherwise expressly provided herein, Lens and Frames opticians does not warrant that the operation of Site will be uninterrupted or error free, and you acknowledge that the Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities
We will not be responsible for any loss, damage and increases in costs or other expenses relating to conduct that is your responsibility.
You acknowledge and agree by your use of this Site to assume full responsibility for all risk associated with your use of this site.
Except to the extent permitted by law, we exclude:
(i) any term, condition or warranty that may otherwise be implied by custom, law or statute;
(ii) any liability for loss caused by our negligence;
(iii) any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (a) the use of or inability to use the site, (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site; or (v) any other matter relating to the service.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
APPLICABLE LAW
Any claim relating to the Site, the services provided through the Site or the Content (a "Claim") shall be governed by the Indian law, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kerala and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
