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This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Service and Products
We provide You an opportunity to purchase Specsmakers branded prescription and fashion eyewear for men, women and kids (“Products”). Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Product.
Specsmakers, attempts to accurately display the Product details and specifications to the best of its knowledge. However, the colour visible to You is solely dependent on Your monitor. The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Platform is not as described, Your sole remedy is to return it in unused, unsoiled and resale condition.
You can access the Platform without registering for an account. However, to use several features, You will need to register and create a profile with accurate and complete information. Your profile must be Your own or of a person You are entitled to represent and You shall not use or provide any information that is offensive or that violates any third party’s rights.
In order to use certain aspects of the Platform, You will have to register with the Website and create an account (“User Account”). When creating Your account, You agree to provide true, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. If You have reason to believe that Your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Your ID, password, or any credit, debit or charge card number), You agree to immediately notify Us. You may be liable for the losses incurred by Us or others due to any unauthorized use of Your User Account.
Access to the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. We strongly recommend that You do not permit any minors to use Your User Account to access the Platform. We will assume that any minors using Your User Account has been authorised by You and is doing so under Your strict monitoring and with Your prior consent.
As a minor if You wish to transact on the Platform, such transaction on the Platform may be made by Your legal guardian or parents. Specsmakers reserves the right to terminate Your membership and / or refuse to provide You with access to the Platform if it is brought to Our notice or if it is discovered that You are under the age of 18 (eighteen) years and transacting on the Platform without the permission / monitoring of Your legal guardian.
3. Information Required From You
4. Customer Obligation and Covenants
You hereby represents and agree that:
a. That You have a written and valid prescription from a doctor regarding Your prescription glasses or lenses and that such prescription has been given to You by a registered medical practitioner or registered optometrist following the testing of sight by him or her within the last 3 (three) months;
b. That You are at least 18 (eighteen) years old and competent to execute perform into any agreement You enter into through Our Platform;
c. To supply, full, accurate and complete details of Your current prescription or a copy of Your original prescription when requested;
d. All information provided by You including Your contact details, name and address, bank or credit card details are Yours and authentic and there is no misrepresentation or fraudulent act from Your end;
e. Any non-delivery or wrong delivery of the Products by Specsmakers due to error in the information provided by You, then, any re-delivery cost or loss on Products in addition to the initial cost will be billed to You;
f. You will check the Product description carefully before placing an order for a Product You agree to bound by the conditions of sale included in the item’s description;
g. You will update Your registration information with the Company as needed so that it remains true, correct and complete;
h. The Platform shall be used only for legal and lawful purposes;
i. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity, or misrepresent any affiliation with any other person or entity. The User Account used by You shall be Your own or of a person or entity You are entitled to represent and You shall not use or provide any information that is offensive or that violates any third party’s rights; and
j. In the event You are representing any person or entity, You undertake and state that You are authorized to represent such person or entity. You shall be solely responsible for the consequences arising out of such acts and Specsmakers shall not be held liable in anyway to any person or entity.
You shall pay the applicable costs, charges and fees for purchase of the Products (which will be listed at the Platform and the invoice issued to it) through the medium provided at the Platform and the Customer shall not use any other, method for making payments for the Products purchased through the Platform.
The Company will use its best efforts to ensure that the accuracy of the prices and price related information stated on the Platform. The Company does not make any representation that the prices quoted on the Platform will match the offers provided by stores. In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify You of the error. You will then have the choice to either accept the correct price or to cancel the order.
Specsmakers shall not be held liable for any misuse or misappropriation of any payment mechanism. The liability arising from such fraudulent use shall be on the Customer.
We may use the services of third party payment service providers to process Your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Accordingly, Your payments to Us through such third party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and We shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by You through such service provider or any actions taken by You in respect of the same. At the time of payment, Your bank or other third party payment intermediaries may charge You, bank charges and other transaction fees which shall be payable by You.
6. Order For and Supply of Products
a. You will have to submit Your order for the purchase of the Product as detailed under the Platform or You can e-mail us at email@example.com or contact us at +91 97915 97915
b. Once the order is submitted it will be considered as express intention to purchase the Product and the same may not be cancelled except as provided hereunder.
c. Based on the information provided by You and subject to Our verification, the orders will be accepted by Us for processing.
d. Orders will be processed only after receiving the payment for the Product.
e. You acknowledge that with respect to prescription glasses the Company reserves the right to verify the same with Your prescribing doctor as well as independent qualified optician and the acceptance of the order by the Company is subject to the same.
f. All orders will be confirmed via e-mail.
g. The Company will use its best efforts to ensure that order placed by You is successfully processed subject to the availability of the Products. In the event the
h. Products is sold out or unavailable, the Company will intimate You regarding the same and either refund Your money or provide You with an opportunity to purchase a different Product of the same value.
7. Delivery and Cancellation of Products
Specsmakers shall make all possible effort to deliver the Product to You within a maximum of 10 (ten) working days. However, delivery of certain Products may take up-to 30 (thirty) days from date of order. The Company shall not be liable for any deficiency in delivering Products including inter alia any delay in pick-up or delay in delivery of the Product for any other reason.
In the event You desire to cancel any order, then, such cancellation must be done prior to the dispatch of the Products to You. Once dispatched, We will not accept any cancellation request from Your end. Upon successful cancellation the refunds will be provided in form of Specsmakers credit note or vouchers or Specsmakers points or online bank transfers or virtual money transfers and not in form of cash.
Specsmakers retains the right to cancel any such order as placed by the Customer, at its sole discretion and the Customer shall be intimated of the same by way of an email or Short Message Service (SMS). Any price paid by the Customer in case of such cancellation by Us, shall be refunded to the Customer.
Further, Specsmakers may cancel the order for reasons such as non-availability of the Products; inaccuracy in Product or pricing information; or due to reasons of any fraud or wrong usage of payment mechanism.
By registering with Specsmakers, You have agreed to receive any type of communication including but not limited to emails, SMS, phone call or any other mode of communication from Us that is transactional, promotional and informational in nature. However, You may choose to stop receiving Our notification by following the instructions to unsubscribe as included in these e-mails or You can contact Us at +91 97915 97915 or firstname.lastname@example.org
In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, We request You to revise the same and activate the receipt of alerts to Your proper destination. Any communication from Our end will be related to the services and not any marketing or spam mails. Any changes in Your email address or phone number will apply to all of Your alerts.
The contents and attachments of any email or communication made by Us, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, You may delete the said message from Your system and shall notify Us immediately.
You further agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via internet could be intercepted, corrupted, lost or contain Viruses. We therefore does not accept any responsibility for any errors or omissions in messages received by You which may arise as a result of internet transmission.
9. Intellectual Property
This Platform is operated by and is the sole property of Specsmakers. Any and all material on this Platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Platform. You agree that any and all material displayed on the Platform is solely for Your personal use and You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.
Specsmakers grants to You a temporary, non-exclusive, revocable, non-transferable limited license to use the Platform for Your own use. All right, title, and interest in and to the Platform is and will remain the exclusive property of the Company and/or its licensors.
Specsmakers shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by You on the Platform.
If You are a copyright owner or an agent thereof and believe that any content on the Platform infringes upon Your rights, You may contact +91 97915 97915 or email@example.com and provide details requested in regards to such infringement.
10. Prohibited Uses
Specsmakers specifically prohibits any use of the Platform for and You agree not to use the Platform for any of the following purposes:
- Modifying, publishing, storing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted material contained on the Platform, in whole or in part, without Our prior written consent;
- Defame, libel, disparage, threaten, harass or intimidate anyone or otherwise violate the personal, privacy, contractual, intellectual property or other rights of any person, including by the use of offensive comments related to race, national origin, gender, sexual preference or physical handicap;
- To upload or transmit Viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of any related Platform, other Platforms, or the internet;
- To solicit others to perform or participate in any unlawful acts;
- Submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by Specsmakers; or
- To interfere with or circumvent the security features of any related Platform, other Platforms, or the internet.
We reserve the right at any time and from time to time, in Our sole discretion, to modify the content on the Platform or any part thereof. You agree that Specsmakers shall not be liable to You or to any third party claiming through You, for any modification of the content or features provided on the Platform.
12. Privacy and Confidentiality
13. Links to / from other Platforms and Third Party Tools
The Platform may contain link to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link lead to websites which are not owned by or belong to Specsmakers, We shall not be responsible for the content, Products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.
Similarly, Our Platform can be made accessible through a link created by other websites. Access to this Platform through such link shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link to this Platform are necessarily the same or similar to the idea, concept, aim or purpose of Our Platform or that such links have been authorized by Us. We are not responsible for any representation of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) accessing data not intended for You or logging into an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) interfere with service to any User, host, or network.
You shall not misuse this Platform by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (“Viruses”). You must not attempt to gain unauthorized access to Our Platform, the server on which the Platform is stored or any server, computer or database connected to this Platform. Further, You shall not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform, such as probing or scanning the vulnerability of any system, network or breach.
By breaching the provisions of this Paragraph 14, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Platform will cease immediately.
We will not be liable for any loss or damage caused by Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Platform or to Your downloading of any material posted on it, or on any Platform linked to it.
You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
Sharing of User Account (user identification and password) is prohibited. All actions performed by any person using Your User Account and password shall be deemed to have been committed by You and You shall be liable for the same. We reserve the right to suspend or terminate Your account at any time if it is found that You have been sharing the password with any unauthorized User.
All electronic communications and content presented or passed to Us, including that presented or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Specsmakers in the exercise of their duties, or by law enforcement authorities who may be assisting Specsmakers in investigating possible contravention or non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, Specsmakers has the right to reject, at its sole discretion, from the Platform any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Specsmakers.
16. Comments and Feedback
We, as part of Our service, encourage and permit You to post Your messages or content on Our Platform. You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
We are and shall be under no obligation to:
- maintain any comments in confidence;
- pay compensation for any comments;
- respond to any comments; or
- verify, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property.
You undertake that Your comments will not violate any applicable law and right of any third-party, including, but not restricted to, copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive, offensive or obscene material, or contain any computer Viruses or other malware that could in any way affect the operation of the Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party or any claims that may arise as a result of them.
These Terms of Platform are effective unless and until terminated as specified below: (i) Us, in Our sole discretion, at any time without notice and You will remain liable for all amounts due up to and including the date of termination; or accordingly may deny You access to the Platform (or any part thereof); or (ii) as mutually agreed to between the Company and the Customer, in writing.
18. Disclaimer of Warranties and Limitation of Liability
We do not endorse or act on behalf of any third party. In the event You engage the services of any third party, through the Platform, Specsmakers will not be liable to You for any act or omission by such third party in relation thereto.
We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content or Product available on the Platform, including but not limited to (a) the Products and or any content thereof on the Platform or its accuracy, viability and merchantability, profitability whatsoever; or (b) the Platform as whole or any its tools for their safety, reliability, stability, scalability, benefits or regulatory compliance required for the Platform and the services provided therein.
We shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Product or content on the Platform, including but not limited to loss of revenue or profit or any other commercial or economic loss.
Any content or information provided through the Platform are offered for informational purpose only and shall not be construed as a professional advice or certification or guarantee/ warranty regarding the appropriateness or suitability of the Product.
We specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired Products purchased by You and We shall not assume any liability if the Products purchased or availed by You is not exactly as per specifications detailed in the purchase confirmation order issued at the Platform.
While We strive to provide You with uninterrupted access, Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We use Our best efforts to provide the services without any interruptions or hindrance. However, We do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of Viruses or other harmful elements. As a User of the Website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website.
The Platform, all the Products and services, included on or otherwise made available to You through this Platform is provided by Specsmakers on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
20. Governing Law and Dispute Resolution
The arbitration shall be conducted by a sole arbitrator jointly appointed by Specsmakers and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996.The venue of arbitration shall be at Chennai, India.
The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
22. No Waiver
Specsmakers shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition.
Specsmakers sells Products under various brands & sub-brands.
RETURN AND WARRANTY POLICY
2. General Conditions for Return of Products
Specsmakers provides return, refund or exchange opportunity for the Products purchased from the Platform, provided that the customer meets the following conditions:
- The request for return, refund or exchange should be raised within 14 (fourteen) days of the receipt of the Product. Once the Product is returned, We will inspect the Product for any post-delivery damage to the Product before making the refund;
- In case If the Product received is incorrect then the customer shall make the request for return, refund or exchange within 7 (seven) days from the receipt of Product
- The Product should not have been used and all embedment should remain intact, in its unused original condition and must be returned with the original box, instructions, guarantee card and any other extras or complimentary offers;
- Ensure that the return package is appropriately sealed and sent to the Company as any damage in transit will continue to be customer’s responsibility; and
- To request for a return, refund or exchange, please contact Our customer care at +91 97915 97915 or mail Us at firstname.lastname@example.org
Customer will have a period of 7 (seven) days to confirm the decision to Us. In the event We do not receive any communication from customer then the opportunity to obtain a refund, return or exchange will lapse. Usually the refunds or exchange are processed within  (fifteen) working days from the receipt of product by Specsmakers at its warehouse. We reserve the right, at Our sole discretion to, reject or refuse any request for refund made by the customer.
Specsmakers provide 1 (one) year limited warranty from the date of purchase (“Warranty Period”) for Spectacle frames. During the Warranty Period, Specsmakers will, at its sole discretion, repair or replace the frame for any manufacturing defects.
Except as otherwise set forth herein, warranties are solely for the benefit of the end customer. Any purchase from a third party other than Specsmakers approved stores or Platform shall not be eligible for the warranties contained herein.
Specsmakers warranty does not cover any kind of colour fading or peel off, breakage, scratches or damages caused by accident, mishandling, negligence, shock, tampering or improper use or storage of the Product, unauthorized modifications or repairs or normal wear and tear.
In case of replacement of frame, We shall replace the frame with a similar frame subject to availability. On non-availability of the frame, an alternative frame that can fit the existing lenses shall be provided which is of the same value. If no such alternative frame is available for the same value the customer shall have the option to buy a new frame at higher price after paying the difference in price. If the price of the replaced Product is less than the original Product no refunds shall be made to customer for the difference in price.
4. Warranty Conditions
- This warranty will automatically terminate on the expiry of the Warranty Period.
- The decision of the Specsmakers on the nature of the defects and applicability of the warranty will be final.
- Specsmakers will, in no event, be liable or obligated for the payments or refund of any special incidental or consequential damages.
- Minimum of 14 (fourteen) business days is required for replacement from time of receiving the Product at the warehouse.
- Any breakage or loss of customer own frame or customer own lens during fitting is at customer’s own risk. Specsmakers shall not be liable for loss of these frames.
In no event shall Specsmakers, its affiliates or third party service providers or their respective directors, officers, employees or agents be liable for any incidental, special, consequential or punitive damages arising out of or in connection with the use of Specsmakers Products (including without limitation damages for loss of profits, business, loss of data or data breach, goodwill, anticipated savings, business interruption, loss of business information and the like), even if Specsmakers or its authorized representative has been advised of the possibility of such damages.
If any term, provision, covenant or restriction of this policy is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this policy shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
This policy shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts of Chennai, India shall have exclusive jurisdiction in relation to any dispute arising out of or in connection with this policy.