Adlens USA Inc. Terms & Conditions
EFFECTIVE DATE: August 1, 2018
1. CHANGES TO THESE TERMS.
You should periodically review these Terms for changes and you can review the most current Terms at any time at: [INSERT THE LATEST URL]. The updated Terms are binding on you as of the Effective Date indicated at the top of these Terms. If you do not agree to the updated Terms, you should stop using the Site. Your continued use of the Site after the Effective Date will constitute your acceptance of the updated Terms.
3. OPENING OF AN ADLENS ACCOUNT
As part of the purchase process, you will be required to create an account. The account will be set up with personal information collected during the purchase process and you will be required to provide a password to complete your account set up. If you purchased an Adlens UZOOM product from our Adlens store on Ebay or Amazon, you must create an Account in order to register your products for the Lifetime warranty. You confirm that all information and details you provide are true, accurate, complete and up to date.
In order to create an Account, you will be asked to provide information including your first and last name, email address, and a password selected by you. Your login and password may only be used by you and you are responsible for keeping your user password confidential. If you ever receive email asking for your personal information or password details, never respond to it. We shall not be liable for any loss or damage which may arise as a result of your failure to protect your information as we will not ask you for your personal details or password. Should there be changes to your information, you can update or correct your details at any time by logging into your Account with your username and password. Please notify us immediately if you suspect any unauthorized use of your Account or any other breach of security.
4. PURCHASING PRODUCTS.
When you place an order via our Site, your order constitutes an offer to purchase the products from us. You will receive an email confirmation for your order that it is being processed by us (see “5. Acceptance of Your Order”). While we make every effort to ensure that all information on the Site, including the coloring, design, styles and listed prices for Adlens products, is accurate and correct at all times, variations or errors may occur due to technical restrictions on your computer or external causes which are beyond our control. We will try to resolve all errors in information on the website as soon as reasonably possible and we will make all reasonable efforts to notify you via email should the error have affected your order. Adlens is not liable for any error or inaccuracy in the photographs or graphical representation of Adlens products on the Site.
Currently, Adlens UZOOM and Adlens Adapt products are not available for sale or for delivery outside of the USA. Additionally, we do not have any authorized resellers for Adlens UZOOM and Adlens Adapt products on any of the retail or online market. You can only purchase Adlens UZOOM and Adlens Adapt on our Site or from the Adlens direct listings on Amazon and Ebay. We recommend that you contact us prior to purchasing any Adlens products if you came across any unauthorized reseller pretending to be Adlens and selling Adlens products.
5. ACCEPTANCE OF YOUR ORDER.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After you place an order, you will receive an e-mail confirmation from us acknowledging acceptance of your order and confirming the details of your order and your order number. Payment will be processed after receipt of your order but prior to dispatch.
6. PRODUCT PRICES AND AVAILABILITY; CANCELLATION BY ADLENS.
Current prices for products and services are described on the Site. Adlens may change pricing at any time and in its sole discretion. The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. Adlens reserves the right to change or discontinue any product or service at any time and without notice. Adlens further reserves the right, in its sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order is to be cancelled, limited, or delayed, Adlens will contact you. If we cannot supply the product you ordered, we will not process your order and will refund you in full within 7 – 10 days if you have already paid for the product.
7. PAYMENT OPTIONS.
You may make payment using any of the following payment methods: [Visa, MasterCard, Discover Card, American Express and PayPal]. All card payments are subject to your card issuer authorization.
8. SHIPPING AND DELIVERY.
The delivery will be to the address specified in your order. The orders are estimated to arrive within 2-4 business days. You can find information on the delivery cost at checkout or in your order confirmation email.
You will receive a shipping confirmation email which includes tracking details will allow you to check your order status on the delivery services providers’ website and to obtain an estimated delivery date.
All risks in the products (including risk of any damage or theft or loss of products) shall pass to you when they are delivered to the address specified in your order.
We shall not be liable for any delay or failure to deliver the products if the delay or failure is wholly or partly caused by circumstances beyond our control. We will make every effort to keep you informed of the product status in email but we maintained that we shall not be liable for such delay or failure. However, if the delay persists for such time that it becomes impossible for us to deliver the products, we shall send an email to provide you with the option to cancel the contract and to refund you in full (See “9. Cancellation and Returns”).
Should you wish to amend or change your order, please contact us. If you change your order, there may be changes to the delivery timescale and/or for the price you pay for the product. Once you provide details of such changes, we will notify you in email of the acceptance of your changes, take payment for the price difference on the new product and provide you your new shipment details.
9. CANCELLATION AND RETURNS.
We offer a no-questions-asked, 90 days return policy from the day you receive your order.
To return a product purchased from Adlens, please complete the return form enclosed with your shipment. We ask that you always return the product with all moving parts intact, in original and undamaged packaging (we do allow the shrink wrap to be opened, so that you can try the glasses you ordered). We will be happy to arrange a refund of the full product cost. Once we have received your returned product we will arrange and exchange of equivalent product or refund the value of your goods.
If you wish to cancel your order once it is placed, reach out to us via the contact us section of the web site.
It is your responsibility to assure the quality of all goods upon receipt. If you encounter a problem with our product or believe it is damaged or it is incorrectly supplied, please contact us. We will work to resolve the problems by either providing you a full refund or exchange of equivalent product at your discretion. Please allow 7–10 days to process your return and credit your original form of payment.
Adlens offers a Lifetime Guarantee on all Adlens UZOOM Adjustable-focus reading glasses against loss, normal wear and usage, manufacturer defects, workmanship and failures under any normal use circumstance for as long as you own your glasses. Adlens reserves the right to charge customers shipping and handling for replacement glasses. You are automatically registered when you purchased Adlens UZOOM glasses at our Site. Alternatively, you have to activate your Lifetime Guarantee by opening an Adlens account when you have purchased the Adlens UZOOM products from the Adlens direct listings on Amazon and Ebay.
The Lifetime Guarantee warranty will not apply if you have not purchased from our Site or from Adlens direct listing on Amazon and Ebay.
Additionally, the warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without Adlens’ written permission, modified them or attempted to modify them or used them or purposes for which they are not intended.
11. INTELLECTUAL PROPERTY RIGHTS; COPYRIGHT AND TRADEMARK NOTICE.
All Content included on our Site including but not limited to, text, graphics, logos, icons, images, video clips, data compilations, page layout, product photos, downloads, linked documentation, or underlying code is the property of Adlens, our subsidiaries or our affiliates, licensors, or suppliers. Adlens’ rights are protected by United States and international copyright laws and other intellectual property laws and treaty provisions.
12. PERMITTED USE; NO DISTRIBUTION.
Any use of the Site or Content, including copying or storing any components thereof in any other fashion, other than for your own personal or non-commercial use shall be prohibited without the permission of Adlens. Except for the limited right to use the Site and view the Content, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the Site or Content without express written permission from Adlens. No right, title or interest in or to any trademark, service mark, logo or trade name of Adlens or its licensors is granted under these Terms. You may not remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that suggests you are a representative of Adlens. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You may not use the Site or Content for any illegal purpose. Use of the Content for any purpose other than what is described in this Section is prohibited.
13. USER CONTENT.
The Site may include functionality that allows you to voluntarily provide or upload information, images, photographs, or other content provided by you (“User Content”). Adlens does not control or endorse and is not responsible for any User Content and Adlens does not claim ownership of any User Content. By uploading User Content to the Site, you grant Adlens a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable, and transferable license to use, distribute, publicly display, reproduce, modify, adapt, and store the User Content you provide to us. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and reproduction of your User Content will not violate any laws. You must not provide any User Content that infringes others’ intellectual property or privacy rights and you are solely responsible for all User Content you provide to Adlens. Adlens reserves the right to refuse to display your User Content for any reason in its sole discretion. By commenting on or submitting content in connection with Adlens or Adlens products on any social media site (e.g., Facebook, Twitter, Instagram, Pinterest), including but not limited to Adlens social media sites, or “tagging” Adlens in a social media post, you grant Adlens a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable, and transferable license to use, distribute, publicly display, and reproduce your submissions.
14. COMMUNICATIONS SUBMITTED BY YOU.
You hereby assign and transfer all of your right, title, and interest in and to the content of any messages, submissions, e-mails, postings, ideas, suggestions, or other communications provided by you to Adlens, whether through the Site or otherwise. Adlens shall have all intellectual property rights in or relating to such communications and Adlens may use such communications for any purposes in its sole discretion.
15. LINKS TO OTHER WEBSITES.
16. DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, the Site AND CONTENT, including all text, graphics, logos, audio and video clips, photographs, and other content is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. ADLENS does NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaims any and all warranties with respect to the site. In particular, ADLENS makes no warranty that the Site, Content, OR PRODUCTS: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) will be accurate, complete, or reliable, or (D) will be free from viruses, worms, or other harmful or malicious components. Nor does ADLENS warrant that any defects or errors on the Site OR CONTENT will be corrected. ADLENS does not assume any liability relating to delays or interruptions attributable to third party failures beyond its control. The Site aND All Content you download, UPLOAD, or obtain from the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.
17. DISCLAIMER OF CERTAIN DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will ADLENS be liable for any consequential, special, incidental, indirect, or punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; wrongful death; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms, The Site, Content, or your ACCOUNT, even if ADLENS has been advised of the possibility of such damageS. ADLENS SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
18. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.
To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoNS 16 or 17, ADLENS’ maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS or the Site will BE LIMITED TO THE ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST. The existence of multiple claims or suits under or related to THESE TERMS Or the SITE will not enlarge or extend the limitation of money damages.
19. INDEPENDENT REMEDIES.
The exclusion of damages under Section 17 is independent of your exclusive remedy in Section 18 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 16, 17, and 18 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
20. NOTICE ON POTENTIAL LIMITS OF SECTIONS 16, 17, and 18.
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 16, 17, or 18 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
You hereby agree to defend, indemnify, and hold Adlens, its directors, officers, managers, members, affiliates, contractors, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site or Content and activities occurring under your Account; (b) your use of any product purchased from Adlens; (c) our use of your User Content; (d) any violation by you of these Terms; or (e) your violation of any other party’s rights or applicable law.
22. AVAILABILITY OF THE WEBSITE; SUPPORT.
You may access the Site if and when it is available. Adlens does not guarantee availability of the Site or Content and Adlens reserves the right to make changes to the Site and Content at any time and without notice. The Site may occasionally be down for service, upgrades, maintenance, or for other reasons. To the maximum extent authorized under applicable law, Adlens reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. Adlens has no obligation to provide any support in relation to the Site, Content or User Content.
23. GOVERNING LAW AND EXCLUSIVE JURISDICTION.
These Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Massachusetts, U.S.A. without regard to its conflict of laws provisions. The parties expressly agree that exclusive jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or Content will reside in the State and Federal courts located in Commonwealth of Massachusetts.
Adlens may, in its sole discretion, terminate these Terms, your Account, or your access to the Site or Content and remove and/or discard any User Content you have provided to us with or without cause and with or without notice. The following Sections of these Terms will survive termination: 3-6, 10-14, 16-26.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Adlens intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Adlens agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Adlens may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. These Terms will be binding upon all of Adlens’ successors and assigns. Adlens’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Adlens if it is in writing and signed by Adlens. These Terms (including any incorporated terms) constitute the entire agreement between you and Adlens with respect to your use of the Site. Both you and Adlens warrant to each other that, in entering these Terms, neither Adlens nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Adlens, or Adlens’ successors and permitted assigns, will have any right to enforce any of these Terms.
26. CONTACT INFORMATION.
If you have questions, comments, or concerns regarding the Site or these Terms, please contact us