Effective Date of Current Policy: September 1st 2012
These terms do not affect other rights guaranteed to you by law. Until you have submitted and we have accepted your purchase there will be no responsibilities on either side. Sale of all products seen on the site is dependent upon availability. If an item is not available or temporary unavailable, the customer will be duly notified. If we cannot provide the customer the product(s) he or she will not be charged for it. Any agreement with our sales persons, agents or representatives is not obligatory as they do not have the last word to alter, add or ignore any of these Terms. Any modification or addition will not hold us liable unless we agree to them in writing. By accepting these Terms you state that all information and details provided by you are up-to-date and correct.
Description of services and product
The description of each product can be found on the Site. We make it our goal to make certain that the products that are provided to you match to those on the Site, although there may be minor differences to the description and/or specification of the goods due to the changes made by the manufacturers. Pictures and photographs of the goods on the site are for illustrative purposes only, and may not exactly match the goods. During the ordering process you must provide us with your prescription. This prescription must be provided to you by a registered medical practitioner or registered ophthalmic optician after an eye-sight test within the last 2 years. The prescription provided to us by you will be the prescription we will submit to the lens of the glasses. If you are unsure of your specific prescription, please consult a registered medical practitioner or registered ophthalmic optician. We have included how to measure your PD (pupillary distance) and would encourage you to utilize that information. However, we strongly recommend that you consult your optician to acquire your PD in order to provide us with that number. The Customer must be over the age of 18 and entitled to purchase prescription glasses. The Customer must not be registered as blind, or partially sighted. We will not be held legally responsible for any incorrect information given by the Customer.
The items will be delivered to the address provided by you on the order form only after payment has been received. It is our goal that items will be delivered quickly and promptly, though minor delays may occur. The shipping date and time given by us is only an estimate and is not guaranteed. If for any reason at all (not due to the Company’s fault) you do not accept delivery of any of the products in accordance with this paragraph then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges). We will not be held liable for any delay caused by our suppliers. As with all medical devices, your order is subject to government inspection, shipping delays, strikes and other unforeseeable events. Therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected.
Inspection of Products
Upon delivery the Customer is encouraged to examine the products carefully. If the products are damaged or missing, please contact us immediately, and avoid using the products. Every item will include confirmation of the prescription. If the prescription does not match the ordered prescription please contact us immediately, and avoid using the products. Once the products have been received by the Customer, any damage sustained is the responsibility of the Customer. The Customer will be liable for any loss or damage inflicted on the merchandise from the time of the delivery unless such loss or damage is caused by our carelessness. The Company will not pay the Customer’s cost for any return of goods.
Price and payment
The price stated on the Site does not include any state Taxes payable. It is the responsibility of the Customer to remit any sales and use tax required by their respective states to the states. Prices mentioned on the site do not include delivery. The Customer will pay the actual price upon placing the order. Payment using the following Credit Cards is accepted Visa / MasterCard / American Express/Discover. Credit Card payments are subject to authorization by the Credit Card issuer. We also allow the Customer the convenience of paying through PayPal. If authorization is declined, we will not be held liable for non-delivery of any ordered goods.
Resale of the Goods
The goods are sold on the condition that they are not resold to the public.
Recording of telephone calls
Phone calls to the Company may be recorded for future use.
Cancellation of order
Orders MAY ONLY BE CANCELLED WITHIN THE FIRST 24 HOURS OF PLACING THE ORDER. For orders cancelled within this time period, a full refund of the purchase price will be issued. If customer wishes to cancel order after 24 hours, customer must follow the return policy and procedure as described in the shipping and returns section on the Site.
Transfer of contract
This contract is personal to you. You may not transfer the contract to any other person. We may transfer, assign or subcontract the contract or part of the contract to any third person or company.
Observance of Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. This means that you may not post any other person’s information, data, names, trademarks or other data not your own to this site or its forms, and that you may not use or extract any data, text, photographs not yours, sounds, or other elements of this Site for any purposes.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM DEGREE PERMITTED BY LAW, MARVEL OPTICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY MARVEL OPTICS OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MARVEL OPTICS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARVEL OPTICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR MARVEL OPTICS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARVEL OPTICS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.