Terms and Conditions
Terms and Conditions
WE URGE YOU TO GET PERIODIC EYE EXAMS AND CONTACT LENS FITTINGS. WE REQUEST THAT YOU SEND US YOUR ACTUAL WRITTEN PRESCRIPTION (by email, fax or mail, and write your Order Number on it) OR PROVIDE YOUR PRESCRIBER'S INFORMATION WHEN ORDERING. IF YOUR PRESCRIPTION HAS EXPIRED, YOU NEED TO CONFIRM IT WITH YOUR DOCTOR OR EYE CARE PROVIDER
TERMS AND CONDITIONS FOR PRESCRIPTION CONTACT†LENS AND EYEGLASS PURCHASES†
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 Eye Store Holdings LLC. The collective work includes works that are licensed to Eye Store Holdings LLC. Copyright 2007-2012, Eye Store Holdings LLC ALL RIGHTS RESERVED. Contact Lens Reorders is a registered US trademark.†
All trademarks, service marks and trade names of Eye Store Holdings LLC used in the site are trademarks or registered trademarks of Eye Store Holdings LLC.† 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 Eye Store Holdings LLC 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.
We guarantee to provide you a correct prescription eyeglass or contact lens product according to the prescription values as ordered and entered by the you. IT IS STRONGLY SUGGESTED THAT YOU SEND US YOUR PRESCRIPTION¬Ě. It is your responsibility to be sure you have the correct and valid prescription for the products ordered. Keep your prescription as it may become necessary to send it to us to help with an order.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. This site is operated by JGM Group Inc. To the fullest extent permissible pursuant to applicable law, Eye Store Holdings LLC and JGM Group Inc. disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Eye Store Holdings LLC and JGM Group Inc. do 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.†THIS SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS WE SELL OR THE SERVICE. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Eye Store Holdings LLC AND JGM GROUP INC. BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Special Sales and Discounts
Coupons and Coupon codes,Sales,Free Shipping and other special sales, pricing and deals are as advertised only. International customers may have different offers though they may appear to be the same. Read the specific offer terms to know more. All special sales will begin and end on the announced start date and rime (usually a time in Eastern Standard Time zone, normally ending at midnight).
Limitation of Liability
You agree that Eye Store Holdings LLC and JGM Group 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 Eye Store Holdings LLC or JGM Group 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. You agree that†Eye Store Holdings LLC and JGM Group Inc.†shall not be responsible for violating any of these terms and conditions and shall be held harmless as a result of any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly from: (a) acts of God, acts of any governmental agency, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network or computer intrusion, or Internet- or computer-related viruses, hacker attacks or other agents introduced by a third party, failure of the Internet and other conditions beyond our control, (b) any technical requirement for which you are responsible, (c) your any intentional acts or omission, (d) any failure of any third-party service necessary for†Eye Store Holdings LLC and JGM Group Inc.†to provide the Service hereunder, or (e), any prescription by any medical provider, MD or OD, or by any device, with or without a medical provider, that you or the contact lens or eyeglass wearer may rely upon to place an order for prescription contact lenses or eyeglasses on this site, or (f) invalid coupon codes that are posted by websites other than this one.†
In the event that a www.lensgalore.com product is mistakenly listed at an incorrect price, Eye Store Holdings LLC and JGM Group Inc. reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Eye Store Holdings LLC and JGM Group Inc. reserve 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, Eye Store Holdings LLC and/or JGM Group 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 Eye Store Holdings LLC and/or JGM Group 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.
Eye Store Holdings LLC and/or JGM Group 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 www.lensgalore.com.
No Notice Of Changes Of Terms And Conditions†
From time to time and at theirsole discretion,† Eye Store Holdings LLC and/or JGM Group Inc.†will post a notice on the Site any time these terms and conditions have been changed or otherwise updated. It is your responsibility to review these terms and conditions periodically, and if at any time you find these terms and conditions unacceptable, you must immediately leave this site and cease all use of the Service and this site.
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 www.lensgalore.com 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 www.lensgalore.com products) must be commenced within one (1) year after the claim or cause of action arises. Eye Store Holdings LLC's and/or JGM Group 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. Eye Store Holdings LLC and JGM Group Inc. may assign their 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 Eye Store Holdings LLC or JGM Group 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.††You are prohibited from violating or attempting to violate any security features of this site or Service. Eye Store Holdings LLC and JGM Group Inc. reserve the right to terminate your use of the Service and/or this site in their sole discretion.†
Eye Store Holdings LLC and JGM Group Inc. do not and cannot review all communications and materials posted to or created by users accessing the site, and are 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, Eye Store Holdings LLC and JGM Group Inc. are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the site. However, Eye Store Holdings LLC and JGM Group Inc. reserve the right to block or remove communications or materials that they 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 Eye Store Holdings LLC and/or JGM Group Inc. in their sole discretion.
You agree to indemnify, defend, and hold harmless Eye Store Holdings LLC and JGM Group Inc., and their officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all third party claims, 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, Eye Store Holdings LLC may link to sites operated by third parties. However, even if the third party is affiliated with Eye Store Holdings LLC, Eye Store Holdings LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Eye Store Holdings LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Eye Store Holdings LLC 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).
†If, for whatever reason, a court of competent jurisdiction finds any term or condition in these terms and conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these terms and conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
U.S.A. Based Site
This site is controlled and operated by†Eye Store Holdings LLC and JGM Group Inc.†from their offices in the States of New York and other U.S.A. locations.† Eye Store Holdings LLC and JGM Group Inc.†make no representation that any of the materials or the services to which you have been given access is available or appropriate for use in your location. Your use of or access to this site should not be construed as Eye Store Holdings LLC and JGM Group Inc.'s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.
In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs of suit or other proceeding.