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.

• We rely on you to provide your most recent prescription information when ordering which will then be validated with your eye care provider.
• All customers who order replacement contact lenses and/or glasses must have a valid prescription under the applicable provincial, state and/or federal laws.
• Your order must be for the same contact lenses and/or glasses that you are already successfully wearing. We accept no responsibility for our customers' lack of suitability to wear contact lenses and/or glasses.
• By completing the online order form you agree and accept that you have not been advised by a doctor not to wear contact lenses and/or glasses, or to stop wearing the prescribed contact lenses and/or glasses.
• We reserve the right not to supply contact lenses and/or glasses if we feel that the selected lenses/glasses 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 upon request to the card or payment method used at checkout.
• 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 50% 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.

Copyright

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.

Trademarks

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.

Product Descriptions

We have made every effort to display the dimensions and colors of our products on the Website as accurately as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered on the Website is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy below.

Warranty Disclaimer

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 warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WebEyeCare, Inc. makes no warranties regarding the functionality, utility, or cosmetic appearance of any glasses ordered.

Limitation of Liability

WebEyeCare, Inc shall not be liable for any direct, indirect, incidental, special, exemplary, 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.

Typographical Errors

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.

Terms Termination

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.

Notice

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.

Miscellaneous

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.

Participation Disclaimer

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.

Indemnification

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.

Third-Party Links

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).

By agreeing to sign up for one or more text messaging programs, you expressly consent to receive non-marketing and marketing text messages from WebEyeCare, Inc. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services. You also accept and agree to be bound by these SMS Terms and Conditions, the website General Terms & Conditions, and our Privacy Policy.

Cost

Message and data rates may apply to each text message sent or received in connection with WebEyeCare, Inc as text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. WebEyeCare, Inc does not impose a separate fee for sending text messages

How to Opt-In

To opt-in to receive text messages from WebEyeCare, Inc as text messaging program(s), please follow the instructions provided in the initial SMS message.

How to Opt-Out

To stop receiving text messages from the WebEyeCare, Inc text messaging program, text UNSUBSCRIBE, UNSUB or STOP to the WebEyeCare, Inc SMS phone number. You will then receive confirmation of your opt-out of that text messaging program.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying WebEyeCare, Inc immediately if you change your mobile telephone number. You may notify WebEyeCare, Inc of a number change by submitting a contact us form on the website.

You agree to indemnify WebEyeCare, Inc in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify WebEyeCare Inc if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of WebEyeCare Inc as control, and WebEyeCare, Inc is not responsible or liable for issues arising from them.

Support/Help

To request more information, text AGENT to the SMS number. You may also receive help by submitting a contact us form on the website.

Eligibility

To receive WebEyeCare, Inc text messages, you must be a resident of the United States and 18 years of age or older. WebEyeCare, Inc reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

WebEyeCare, Inc may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to WebEyeCare, Inc as website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive WebEyeCare, Inc text messages will indicate your acceptance of those changes.

Termination of Text Messaging

WebEyeCare, Inc may suspend or terminate your receipt of WebEyeCare, Inc text messages if WebEyeCare, Inc believes you are in breach of these SMS Terms and Conditions. Your receipt of WebEyeCare, Inc text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. WebEyeCare, Inc reserves the right to modify or discontinue, temporarily or permanently, all or any part of WebEyeCare, Inc text messages, with or without notice.

Communications and Consent to Electronic Notices

You may communicate with WebEyeCare, Inc via e-mail, telephone, and our website. WebEyeCare, Inc may issue notices via these various channels, including by sending an e-mail to an address you provide. You agree that such notice shall have legal effect. You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use WebEyeCare, Inc products or services.

You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, WebEyeCare, Inc will provide you with paper copies upon request. You may make such a request via [any of the channels listed above]. If you withdraw your consent, WebEyeCare, Inc reserves the right to terminate your use of WebEyeCare, Inc as products or services.

By accepting these terms, you confirm that you are able to receive, access, and retain the notices that WebEyeCare, Inc may send. You may update your contact information [through the contact us form on the website.

Payment Methods

Apple Pay & Google Pay: Paying via Google or Apple Pay and using the touch or facial authentication method does NOT automatically create an order with WebEyeCare, Inc. Funds for the potential order will be held by your financial institution until the purchase is confirmed by WebEyeCare, Inc. If no purchase is confirmed, the hold on your funds will be released in 7 business days.

Credit Card/PayPal/Amazon Pay: Payment method is charged at checkout and an order is placed with WebEyeCare, Inc. When a refund is requested, the funds may take 1 - 3 business days to transfer back to your account or credit card.

Discounts & Promotional Pricing

Only discounts/coupon codes provided by WebEyeCare are applicable to WebEyeCare orders. Discounts are unable to be applied to products set at a manufacturer minimum price. Discounts are unable to be applied to any online only/sale/promotional item. Only one coupon code per order is able to applied. This also applies to redeemed rewards offers.

Price Match Guarantee

WebEyeCare is able to uphold the Price Match Guarantee for up to 7 days from the purchase date. The Price Match Guarantee is only valid against our competitor's everyday prices and cannot be utilized against a promotional or sale price, a quantity discount, or a membership discount. WebEyeCare is unable to price match a competitor's price based on a manufacturer's rebate. The price being matched must include all shipping, processing, and tax being charged by the competitor. The Price Match Guarantee is not a price match against a competitor's per box price. Prior pricing obtained at WebEyeCare is unable to be utilized as a Price Match for a current order. For glasses, the Price Match Guarantee is only applicable for the same style & color of frame. Lens options are not included in the price match. Price Match Guarantee excludes RayBan. The Price Match Guarantee by WebEyeCare is subject to change at any time without notice.

Promotional/Sale Pricing

All 'promotional', 'online only', and 'sale' pricing is subject to change without notice. Promotionally priced products ordered in succession (Example: Four identical orders for one box of lenses) will be treated as duplicate orders, cancelled, and refunded back to the payment method provided at checkout. All promotionally priced products are indicated as such on the product page.

Shipping

For contact lenses, WebEyeCare offers four types of shipping methods: Free 5-10 Business Day Ground, 3-7 Business Day Ground for $7.95, 2nd Business Day Air and Next Business Day Air. Orders to P.O. Boxes will ship via USPS. With the exception of custom or made to order lenses, any order placed and prescription verified before 1pm eastern time will usually ship the same day. Orders placed after business hours will be processed the following business day. Business hours are defined as Monday thru Friday, 9 AM - 8PM eastern time. WebEyeCare, Inc. is not responsible for package delays due to weather conditions or other unforeseen, uncontrollable circumstances.

For glasses, because WebEyeCare may use third party suppliers for some product fulfillment, WebEyeCare cannot guarantee that all orders will ship within the aforementioned time periods. Shipping times on glasses will therefore vary and orders may take up to 30 days to arrive.

Subscriptions

All subscription orders will be filled at the current price available on WebEyeCare.com on the day the order is placed. The 5% discount will be calculated on top of the current price available on our website. Prices may fluctuate over time, but the 5% discount will always be applied to all subscription orders. If the price of the item increases or decreases, the amount of your subscription order may also increase or decrease.

Digital Eye Exam

WebEyeCare's Digital Eye Exam Team is a partner of WebEyeCare, Inc. During the exam process, you will be asked a series of questions regarding your satisfaction with your current prescription before proceeding with the eye exam portion. A prior prescription OR your prior prescribing doctor's information is required for the exam results to be authenticated. The Digital Eye Team obtains the contact lens brand information from your prior eye care practitioner as, per Federal Law, WebEyeCare, Inc. can only dispense the same brand of lenses that you are prescribed. WebEyeCare, Inc. is unable to change or alter a prescription in any way. Any changes that need to be made to the prescription can only be made by WebEyeCare's Digital Eye Team. The Digital Eye Team can be reached at (866) 314-6941. Digital Eye Exams are non-refundable unless you do not meet the minimum requirements for the online exam.

Prescription Verification

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.

Pupillary Distance (PD) for Eye Glasses

In order to experience the best results, we need your PD measurement, which measures the distance between the center of your pupils. You may either ask your optician to provide your PD during your eye exam, or you may measure it on your own with a tape measure (using millimeters). WebEyeCare makes no warranties as to the effectiveness of self-measuring your PD. If you do not provide WebEyeCare with your PD measurement, we will use an average PD measurement for your glasses. Please ask your optician for more information.

General Returns

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) or Halloween/Special Effects Contact Lenses are final. No refunds or exchanges for made-to-order or Halloween lenses will be accepted, other than for defective lenses as determined by manufacturer.

Within 30 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 30 days from purchase are only eligible for a store credit. Any lenses returned after 30 days from purchase must have an expiration date that is at least 18 months out.

We are currently unable to accept returns of opened items, items not in original condition, or items returned more than 365 days after date of purchase. We are unable to accept returns of the 30 packs within 90 pack lenses. Once we receive your unopened boxes or vials, we will promptly process your refund or issue a store credit (less shipping charges & restocking fee*). Please note returning products shipped under a free shipping promotion will result in charge back of the free shipping. If the shipping carrier is unable to deliver the package due to no one being present, shipment refusal, or an invalid/incorrect address and the order is sent back to WebEyeCare by the shipping carrier, an additional shipping charge will be assessed to the order. The same terms apply to orders that exceed the UPS hold time limit and are returned to WebEyeCare.

	30-Day Return Policy
Contact Lenses	Customers are responsible for the return postage to Webeyecare.com Original packaging must be included Customer pays 25% restocking fee
Non-Prescription Eyewear	Customers are responsible for the return postage to Webeyecare.com Original packaging must be included Customer pays 10% restocking fee
Prescription Eyewear	Customers are responsible for the return postage to Webeyecare.com Original packaging must be included Full purchase price refunded minus 50% of the lens price

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.

Exchanges:

If your prescription changes, we will exchange unexpired (expiration date at least 18 months out), unopened, and undamaged boxes of contacts within 30 days of your purchase date. 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. For the avoidance of doubt, the prior statement only applies to contact lenses.

Any prescription glasses lenses made from an Rx more than 2 years old will be subject to the full charge of the remake lens options.