Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
TERMS AND CONDITIONS FOR CONTACT LENS PURCHASES
- We rely on you to input your latest prescription through the fax, or verbally over the phone, after which we will validate it with your doctor.
All customers who order replacement contact lenses must have a valid prescription under the applicable provincial, state and/or federal laws.
Your order must be for the same contact lenses that you are already successfully wearing. We accept no responsibility for our customers' lack of suitability to wear contact lenses.
By completing the online order form you agree and accept that you have not been advised by a doctor not to wear contact lenses, or to stop wearing the prescribed contact lenses.
We reserve the right not to supply contact lenses if we feel that the selected lenses are not in accordance with the specifications provided by your optician or optometrist, or may put you at some risk.
By completing the online order form you agree to accept shipment for the selected product, and agree to pay by the method indicated on your order form. Please note your credit card will be charged at checkout, if for some reason we are unable to fill your order, a full refund will be issued.
By completing the online order form you agree and accept that you are the person responsible for the credit card (when a credit card is applicable) and accept responsibility for all charges made on our site with your card.
We reserve the right, at our discretion, to charge your credit card if we have shipped you an order, and the invoice is not paid within a reasonable amount of time.
A processing fee of up to 20% of the product sub-total is charged and paid to WebEyeCare on every order. Processing fees are stated as a separate line in the shopping cart on each order.
GENERAL TERMS AND CONDITIONS
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of WebEyeCare, Inc. The collective work includes works that are licensed to WebEyeCare, Inc. Copyright 2008, WebEyeCare, Inc ALL RIGHTS RESERVED.
All trademarks, service marks and trade names of WebEyeCare, Inc used in the site are trademarks or registered trademarks of WebEyeCare, Inc. All trademarks, service marks and trade names of Johnson & Johnson, CooperVision, Bausch & Lomb, Ciba Vision and Hydrogel Vision, as well as of other manufacturers and suppliers of goods and services offered on this site end are the property of their respective owners, with whom WebEyeCare, Inc has no affiliation, and who have not approved this site or its use of their respective trademarks, service marks and trade names on this site.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, WebEyeCare, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. WebEyeCare, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
WebEyeCare, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if WebEyeCare, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a WebEyeCare, Inc product is mistakenly listed at an incorrect price, WebEyeCare, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WebEyeCare, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WebEyeCare, Inc shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by WebEyeCare, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
WebEyeCare, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to WebEyeCare, Inc.
Your use of this site shall be governed in all respects by the laws of the state of New York, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of WebEyeCare, Inc products) shall be in the state or federal courts located in the City of New York, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of WebEyeCare, Inc products) must be commenced within one (1) year after the claim or cause of action arises. WebEyeCare, Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WebEyeCare, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a WebEyeCare, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
WebEyeCare, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, WebEyeCare, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, WebEyeCare, Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to WebEyeCare, Inc in its sole discretion.
You agree to indemnify, defend, and hold harmless WebEyeCare, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, WebEyeCare, Inc may link to sites operated by third parties. However, even if the third party is affiliated with WebEyeCare, Inc, WebEyeCare, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WebEyeCare, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, WebEyeCare, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
WebEyeCare offers three types of shipping methods, 5-7 Business Day Ground for $12.95, 2nd Business Day Air for $19.95 and Next Business Day Air for $29.95. Orders to P.O. Boxes will ship via USPS and no tracking information will be provided. With the exception of custom or made to order lenses any order placed and prescription verified before 1pm eastern time will ship the same day. WebEyeCare occasionally offers free shipping on certain products, items with a free shipping promotion are clearly marked. Any orders shipped under a free shipping promotion will ship via 5-7 Business Day Ground.
WebEyeCare follows the Fairness to Contact Lens Consumers Act (FCLA) when verifying prescriptions. According to the law, WebEyeCare is required to verify the contact lens prescription for each order before we can process and ship the order. If a customer faxes or emails us a copy of their prescription with all the required information, we will use that prescription to verify the order. If a customer does not provide us with a copy of their prescription we will contact their doctor to verify the prescription. FCLA states that doctors have eight business hours to respond to our verification request. If we do not hear back from the doctor within the eight business hour timeframe, FCLA states that this is to be treated as a passive verification and the order will be deemed to be verified as correct by the doctor and we will proceed to process and ship the order.
PLEASE NOTE: All sales of made-to-order lenses (designated as "Made-To-Order", "Made To Order", "MTO", "XR" and/or "Custom" on our website) are final. No refunds or exchanges for made-to-order lenses will be accepted, other than for defective lenses as determined by manufacturer.
Within 60 days of delivery of a shipment, you may return any unopened, undamaged and unwritten on boxes or vials that are in original condition purchased from WebEyeCare for a store credit or refund. Items returned after 60 days from purchase are only eligible for a store credit. We are currently unable to accept returns of opened items, items not in original condition or items returned more than 365 days after delivery. Any lenses returned after 60 days from purchase must have an expiration date that is at least 18 months out. Once we receive your unopened boxes or vials, we will promptly process your refund or issue a store credit (less shipping charges). Please note returning products shipped under a free shipping promotion will result in charge back of the free shipping. If the shipping carrier is not able to deliver the package due to no one being present and the order is sent back to WebEyeCare by the shipping carrier, an additional shipping charge will be assessed to the order.
Defective Lens Returns:
We guarantee that all of our lenses are factory sealed. If you have a problem with any lens purchased from us, please remove the lens immediately. We warranty all lenses for 90 days after purchase. If you suspect that your lenses are defective, please contact us immediately to arrange to return the lenses to us to see if they are defective. In order to determine if lenses are defective we require at least 5 lenses returned from a 6 pack, 25 lenses to be returned from a 30 pack, or 85 lenses to be returned from a 90 pack. If your lenses are determined to be defective by the manufacturer, we will issue a store credit in full.
If your prescription changes, we will exchange unexpired (expiration date at least 18 months out), unopened and undamaged boxes of contacts. If your exchange will be for a higher dollar amount from your original purchase, you will be billed for the difference at the point of processing the exchange.
When Returning or Exchanging Items:
If you need to return or exchange your lenses purchased from our store, please follow these steps:
1. Call (888) 536-7480 or email email@example.com to obtain a Return Authorization Number (required).
2. Secure your merchandise in the original packaging or in a sturdy box to avoid damage. Vial lens must be returned in the original vial and the vial must be sealed to prevent the solution from leaking during shipment. Please DO NOT return contact lens boxes in an envelope or any other flat pack. Products received with improper packaging will not receive credit and will be returned, and shipping charges incurred. Customers are responsible for the return postage unless it was a WebEyeCare error.
3. Please enclose a note with your return telling us your Return Authorization Number, Order Number (if available) and a description of what you are returning. Let us know the reason for your return and what you would like us to do. Do you want us to exchange the item, or issue a refund or other (please explain)? Please include your name, address, and phone number (specify day or evening) where we can reach you in case we have questions.
4. Return the item by regular post to:
176 N. Pine St.
Langhorne, PA 19047
That's it! Please allow 2-3 weeks for your store credit, refund or exchange to be processed. PLEASE NOTE: Credit, refund or exchange will be issued after your package is received. WebEyeCare is not responsible for lost or damaged packages.