Terms and Conditions of Use
Updated: August 2012
This website is owned and operated by Israel Optical, registered number 558090635 ("Israel Optical").
Visitors to this website are advised to read these Terms & Conditions of Use before placing any Orders. By registering as a customer or placing Orders via the website you are deemed to have read and accepted the Terms and will be bound by them. Do not place any Orders via the website if you do not wish to be bound by these Terms. You are permitted to use our Website solely on the basis of these Terms. Israel Optical reserves the right to update and/or revise these Terms at any time. You should check the site periodically for changes.
The following words and phrases are given the meanings below:
Order - A purchase order issued by you to Israel Optical in accordance with these Terms & Conditions of Use for the purchase of Products as contained within this website.
Products - Glasses, sunglasses, frames, lenses, cases, cloths, contact lenses or such products which Israel Optical sells or supplies.
Israel Optical - Israel Optical
You - The customer
1. USE OF THIS WEBSITE
1. Provided that You abide by the terms of these Terms & Conditions of Use, You may view and download our Website for your personal use only. In so doing, Israel Optical reserves the right to change, suspend or discontinue the Website or the provision of Products under the Website at any time, including the availability of any feature, database, or content. In addition, Israel Optical may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
2. It is your responsibility to ensure that you have the necessary equipment or ancillary services needed to access this website. Israel Optical accept no liability for or give no warranties in relation for the availability of the website or its application. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, an internet connection, hardware, and software.
3. REGISTRATION & SECURITY
1. To place Orders and to receive Products via the Website, you must:
- be 18 years of age or over;
- have a valid credit, debit card, or PayPal account in your name;
- complete our registration procedure in which you will need to provide us with personal details needed to process your order.
2. It is your responsibility to ensure that the information and details provided by you either during registration or at any time thereafter are correct and complete. Israel Optical accepts no responsibility or liability if information provided is incorrect or fraudulently obtained.
3. So that our records are up to date and in order that we can maintain the highest level of service to you, we would ask that you advise us immediately of any change to the information that you provided by updating your personal details in the "My Account" section of this Website.
3. Customer Obligations
By submitting your order to Israel Optical you confirm:
- · You are in possession of a valid written prescription for your glasses that has been given to you by a suitably qualified person; and
- · You will supply accurate details of your current prescription when requested.
4. Orders for Products
1. Orders to Israel Optical must be submitted either via the web at www.israeloptical.com, or by telephone at 054-7883401.
2. Submission of an Order represents an offer to purchase Products from Israel Optical, and we may confirm receipt of this offer via email or verbally or by telephone).
3. Prescription Glasses orders are only accepted by us once your payment has been processed and they have been reviewed and authorised by a Dispensing Optician. In the case of the non-prescription goods, your order is accepted once the required payment has been accepted. We will confirm acceptance of your Order via email or telephone.
5. Limitations of Supply
1. We will make a reasonable effort to ensure that all Orders are fulfilled; however we cannot guarantee the availability of Products. If the Products you have ordered are unavailable, we will attempt to contact you to give you a choice to receive an alternative or a refund. If we are unable to contact you, your Order will be cancelled and you will be given a full refund.
2. On the advice of our Dispensing Opticians, we have absolute discretion as to whether or not to accept your Order.
3. If considered necessary or appropriate before an Order is accepted, Israel Optical's Dispensing Opticians have absolute discretion:
- to contact you to discuss your Order, provide advice and/or arrange a free face-to-face consultation with you;
- to request that you send us a copy of your written prescription;
- to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription;
- to request that you obtain your pupillary distance measurement from your optician; or
- request that you obtain a new written prescription from your optician.
6. Prices and Payment
1. Prices stated include any Value Added Tax (VAT) that may be required to be remitted to tax authorities by Israel Optical.
2. We will use best endeavours to ensure the accuracy of the prices and price related information stated on the Site.
3. However we cannot guarantee that we will not make a mistake and misprice an item inadvertently. If this is the case, the Dispensing Optician reviewing and authorising your Order will notify you of the error before your payment is processed. You will then have the choice to either accept the correct price or to cancel your Order.
7. Delivery and Carriage
1. We will make reasonable endeavours to ensure your Products are shipped to you as quickly as possible after placing your order.
2. You will be notified by email at the time your Products are shipped.
3. Delivery of the Products will be made to the address provided by you at the time you placed your Order.
4. If your Product(s) are not delivered safely within a reasonable number of days of you receiving notification of shipment, you should contact us. Customers should promptly inspect goods delivered to them to satisfy themselves that any goods delivered to them are as expected.
5. If an item arrives damaged, we will replace the damaged item. In the case of non-prescription items only, the customer may instead choose a full refund for that item.
6. In the case of non-delivery, if either Israel Optical or our delivery service is at fault, a re-delivery will be arranged.
8. Returns and Refunds
1. Any returns must be made within 14 days of your receiving the order.
2. Returns must be in their original condition.
3. For prescription glasses: If you decide to return prescription glasses, we offer a refund only on the frame. We do not give a refund on the lenses. The reason is that the lenses for prescription glasses are individually customized and cut according to your personal prescription and order, and cannot be reused or resold.
4. For non-prescription items: We offer a full refund for non-prescription items returned within 14 days.
5. It is the responsibility of the customer to pay for any shipping expense associated with returning an item.
9. RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SITE
Our Limited License to You. The materials available through this Service are the property of us and our service providers and advertisers, and are protected by copyright, trademark and other intellectual property laws. You are free to access the Service for non-commercial purposes, and to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form (including by email or other electronic means), without prior written permission from the owner. You are free to encourage others to access the information themselves from our Service and to tell them how to find it.
Links. We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by us.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website or other service any of our intellectual property.
Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this Service without the prior written consent of the owner of the mark..
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us by sending an email to email@example.com. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
10. USER-PROVIDED CONTENT
Your License to Us. The Service may include features that allow you to submit comments and other feedback or materials to us. By submitting material to us (including any text, photos, or other content), you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Service, such as message boards, forums, or community publishing areas, you agree that such material is provided to us and our partners, agents, service providers (collectively, our "Service Providers") on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we and our Service Providers may use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this Service or any users of any of our Service Providers' sites or services, without the requirement of providing you any form of compensation. You also agree that we, our Service Providers may identify you as the author of any of your postings by name, email address or screen name, as we or they see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we or they consider unacceptable or inappropriate, whether for legal or other reasons. For more information about these limitations and our rights to disclose materials you submit to this Service, please see "Use of Communications Services", below.
Materials Submitted by Other Users. We may not review every posting made in any forums, chat rooms, and other areas available for public postings on or through this Service, postings made through any social media tools available through this Service, or postings made on third-party social networking sites that may link to this Service. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or from a member of our staff.
THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". WE, OUR AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. THE AMOUNT YOU PAY FOR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE SHALL NOT BE CONSTRUED AS AN AMOUNT PAID BY YOU TO ACCESS AND/OR USE THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS USER AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
13. USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this Service through which you can directly interact with others, such as communications tools, forums, and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
Without limiting the terms of our Privacy Statement, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us and that are sent through the Communications Services. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Service (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this User Agreement, or to protect the rights, property or safety of visitors to our Service, our customers, the public or Israel Optical and its employees, Service Providers, Merchants, and its and their affiliates.
We reserve the right to deny access to any Communications Service to anyone who violates this User Agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
- Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
- Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas;
- Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Uploading or posting any off-topic or irrelevant material to any chat room or forum;
- Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
- "Stalking" or otherwise harassing another;
- Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
- Collecting or storing personal data about other users;
- Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of NIS 10 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of email messages sent by us, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
You agree to indemnify and hold us and our Service Providers, Merchants and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Service, your use of any Voucher, violation of this User Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.
Registration. As previously described in the Terms & Conditions of Use , to make a purchase through our Website, you must register with us. Persons under the age of 18 may not register for the Website. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any account name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
Jurisdiction. This User Agreement has been made in and shall be construed in accordance with the laws of the State of Israel, without regard to its conflicts of laws rules. By using this Service, you consent to the exclusive jurisdiction of the courts in Israel in all disputes arising out of or relating to this agreement or this Service.