Terms and Conditions of Use
Thank you for visiting EyeBuyDirect.com! — an Essilor Group US Inc. website (the "Site").
EyeBuyDirect is a leading online retail store and source for all things eyewear. The Site is designed by us, EyeBuyDirect ("we" and "us"), a company with limited liability situated in and vested under the laws of Dallas TX, to provide a convenient, private, and informative shopping experience for consumers to purchase eyewear and eyewear related products — 24 hours a day, 7 days a week.
We offer a large selection of eyewear and eyewear related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want each visitor to the Site ("you" — i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a safe, enjoyable visit. That’s why we’ve established the following general terms and conditions so that we (“us” and “you”) know what to expect from each other.
Your Account Obligations
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Valid Prescription Required
You hereby certify that you have a valid prescription for the eyeglasses that you are ordering. You represent and warrant to EyeBuyDirect by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care provider's suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, or providing a copy of your original prescription to us, if necessary, to verify your prescription information and any other necessary information.
Color and Product Description
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Deliveries will be as soon as possible to the address on your order and are "best effort" based. Subject to delays outside our control, the overall delivery period will not exceed 30 days.
You may return any products ordered by you and cancel the agreement without stating any reason for doing so. If you return the products, you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in the resealable packaging provided with them. Between the date of your election to withdraw and the date the product is returned by you to us, you shall bear all risk in keeping the products safe, secure, and free from loss or damage.
Returns & Exchanges
We offer a 14-Day Fit & Style Guarantee, as well as a 365-Day Product Guarantee. Please see our Shipping & Returns policy to understand our return related practices. We provide free returns on all of our products during these time periods. To make a return, simply call, email, or chat with us within the stated days for a complimentary electronic shipping label that you can print at home. Once you have the label, we ask that you ship your glasses back to us as soon as possible to initiate your refund.
Looking for an exchange? We want to help you find your perfect pair of glasses. Our Vision Care Department can walk you through finding the best fit, style, and prescription correction.
Glasses and sunglasses must be returned in their original boxes. Returns or exchanges may be denied, in very rare circumstances, based on the nature of prior transactions.
All EyeBuyDirect credits are issued to your “My Account” and will be valid for 12 months from the date of issue, unless otherwise stated. To use the credit, please apply the credits under the Payment on the Checkout Page. Your credit will automatically be deducted from your total at checkout. Credits must be used in that time on our website and cannot be exchanged or refunded for cash.
We guarantee the quality of our frames, lenses, and coatings. If you experience a manufacturing defect within 365 days of delivery, simply contact our Vision Care Department for a free return label to facilitate a replacement or exchange. Our warranty does not cover the damage caused by the wear and tear of everyday use, or the damage caused by sudden force or impact.Learn more
Shipping and Payment
Production times for prescription lenses vary in business days depending on the intricacy of the prescription and the type of lens required.
When your order ships, you will be sent an email confirmation that includes a tracking number and instructions for how to track your order online.
Please keep in mind that quality assurance technicians inspect and verify each and every eyeglass order. If your eyeglasses happen to fail quality assurance, your expected delivery time will be delayed. You will be kept up-to-date of any delays via email.
For FAQ’s on shipments please visit our FAQ’s.
If using a coupon code, please note that only one coupon code can be used per order. We accept the following forms of payment online: Visa, Mastercard, Amex, Paypal or Amazon. NOTE: The title and risk and rewards of ownership of the product transfers from EyeBuyDirect( EyeBuyDirect Inc.) to the customer at the point of shipment.
When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a paper copy of your prescription. Keep in mind that eyeglass and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your glasses and not for your contact lenses.
EyeBuyDirect and other graphics, logos, and service names used on the Site by EyeBuyDirect are the trademarks of EyeBuyDirect. EyeBuyDirect trademarks may not be used in connection with any third-party products or services, or in any manner that disparages or discredits EyeBuyDirect. All other brands and names (including third-party product names) are the property of their respective owners.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
EyeBuyDirect is a company registered in the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site, or the Content (a "Claim") shall be governed by the laws of Texas, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dallas, Texas, and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. §107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the Choice and Opt-out section.
Links to Third Party Sites
Occasionally, we may make available a link to a third party's website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
Intellectual Property Policy
Because copying can harm rightful owners of IP rights, we drafted the following IP Policy:
You may not infringe any of the intellectual property rights associated with the manufacture, design, branding, and packaging of any products advertised on the Site, nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words EyeBuyDirect. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the property and/or copyright of EyeBuyDirect or its licensors and is protected by the copyright, trademark, and other laws of the United States.
But for Protected Health Information (“PHI”), as that term is defined in privacy regulations issued pursuant to HIPAA, all information you post on the Site or communicate to EyeBuyDirect through the Site including, but not limited to, eyeglass reviews and photographs (collectively, “Submissions”) will forever be the property of EyeBuyDirect subject to EyeBuyDirect’s use, control and copyright protection. You hereby represent that your Submissions do not infringe on the rights of any third party.
Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display, or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written approval.
We provide you the opportunity to opt-out of having your personal information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any special offer emails from us, you may opt-out at any time by following the unsubscribe link located at the bottom of each email communication.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. The payments are secured and handled by a third-party service provider. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our website, you can email us at firstname.lastname@example.org
When subscribing to our mobile text messaging program, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from EyeBuyDirect, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. EyeBuyDirect reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. EyeBuyDirect also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
For more details about our mobile text messaging program, see our full terms and conditions.
Disclaimer of Warranty
The content (as defined below) contained in this site is provided by EyeBuyDirect as a service to its customers. This site does not contain information about all eye diseases, nor does this site contain all medical information that may be relevant to your eyecare needs. The information provided in this site is only general health information, and is intended only to facilitate communication between you and your professional eyecare provider. This site does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment, or care. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your professional eyecare provider. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this site. Except as expressly and unambiguously stated otherwise, EyeBuyDirect does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information, or service on this site. The information, services, and products contained in this site are provided "as is" without warranty of any kind, expressed or implied. EyeBuyDirect and our medical advisors, consultants, and staff expressly disclaim and exclude all warranties with respect to all information, services, and products contained in this site, expressed or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement.
This site includes content provided by third parties and users. For such content, EyeBuyDirect is a distributor and not a publisher. EyeBuyDirect has no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including merchants and licensors) are those of the respective authors or distributors of such content and not of EyeBuyDirect or its affiliates, officers, directors, employees, or agents. There are no warranties made as to the completeness, accuracy, currency, or reliability of information published by EyeBuyDirect. EyeBuyDirect does not warrant that information, services, and products contained in this site will satisfy your requirements or is without defect or error.
Limitation on Liability
You acknowledge and agree by your use of this site to assume full responsibility for all risk associated with your use of this site, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website.
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Site or the Terms and Conditions of Use, must be filed within one year after such claim or cause of action arose, or be forever barred.
If you have any questions or comments, we are always pleased to hear from our customers regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own, and hereby assign to us without compensation or further obligation all now known or hereafter, existing rights to the Submissions of every kind and nature throughout the universe, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Effective Date: January 13, 2022.
COPYRIGHT NOTICE. Copyright ©EyeBuyDirect, All rights reserved. Any rights not expressly granted herein are hereby reserved.48232007.2