Terms and Conditions:
These terms and conditions apply to products purchased or services availed via [www.wizopt.com] (“Website”) which is a website managed by WIZOPT a partnership incorporated under the Indian Partnership Act, 1932, and any amendments thereto, from time to time by the users of the website.
Please read the Terms and Conditions carefully before purchasing any products or availing any services on the Website. By accessing this Website, You agree to be bound by all the terms and conditions set out in this document. Wizopt reserves the right to alter, amend and modify the Terms and Conditions at its sole discretion. All such amendments/modifications to the Terms and Conditions will be duly notified on this Website under this section. Any purchase made by you through the Website of the products / services shall signify your acceptance to the Terms and Conditions and your agreement to be legally bound by the same.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1.1 The Website is a platform that facilitates the online sale and purchase of merchandise (“Products”) offered by various affiliates / registered merchants/ vendors / service providers.
1.2 You acknowledge that the Website has the right to change or discontinue any Products at any time and without notice. You further acknowledge that Website may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Website may make to the Products. You agree that the Website shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Products.
2.1 The Website makes available the Products at an agreed price to You. Purchase of such Products will be subject to the Terms and Conditions and such other policy governing the the sale and purchase of Product/s on the Website from time to time.
2.2 All Products and information displayed on the Website constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as detailed in this document. Wizopt may accept or reject Your offer at its sole discretion which cannot be contested by You.
2.3 Wizopt, to the best of its knowledge, has displayed or attempts to display on the Website as accurately as possible description and detailing of the individual Product. However, the colors visible to You is solely dependent on Your Laptop/ Monitor/ Mobile device/ Tablet settings/ resolution. Hence, no guarantee is provided by Wizopt regarding Your visibility of colors on the Website.
2.4 Wizopt does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, error-free. If a Product offered by the Website is not as described, Your sole remedy is to return the Product as per the Return Policy for Product as set out in Clause 9 below.
2.5 The delivery of the Products offered for sale on the Website will be carried out by ASB or its affiliates.
2.6 All the Products offered for sale on the Website are governed by the warranties provided by the respective vendors/manufacturer.
2.7 The price of the Products offered on the Website is either equal to or lesser than the Maximum Retail Price (“MRP”) i.e., the discounted rate prescribed for those Products.
3.1 You should take all responsibility for your own actions in utilizing the Products and the Website shall not be liable for any such actions.
3.2 You represent that You are of legal age to form a binding contract with the Website and are not a person barred from receiving Products under the applicable laws of India.
3.3 You confirm that the Website shall not be responsible for any deficiency in payment of consideration towards the Products and merchandise purchased from the Website.
4. Representation and Warranties by Purchaser
4.1 You represent and warrant that:
(a) You have a written and valid prescription from a doctor regarding Your prescription glasses or lenses and the information supplied to the Website shall be accurate;
(b) You consent to Wizopt through its affiliates /nominees/ agents contacting Your doctor to verify the authenticity of the prescription if required;
(c) 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.
(d) Before placing an order You have checked the Product description in the Products description page carefully. By placing an order for a Product You agree to be bound by the conditions for sale included in the relevant Product’s description page and in the event of an incorrect Product being delivered to You because of an incorrect Product being checked out by You then Wizopt will not assume or adopt any responsibility for the same. In such a scenario, neither will the Product/s be exchanged in lieu of any other Product/s on the Website and nor will Wizopt assume any liability for refund of payment for such Product/s.
5. Order for supply of Products
5.1 You will have to submit Your order for the purchase of the Product as detailed under the Website.
5.2 Once the order is submitted by You it represents an express intention to purchase the Product by You and the same may not be cancelled except as provided hereunder.
5.3 Based on the information provided by You and subject to Wizopt's verification of the same, the orders will be accepted by Wizopt for processing.
5.4 All orders will be processed once Wizopt receives the payment for the Product/s or consent for COD.
5.5 You acknowledge that with respect to prescription glasses, Wizopt reserves the right to verify the same with Your prescribing doctor as well as has the right to verify the same with an independent qualified doctor.
5.6 All orders once placed will be confirmed via registered e-mail address provided by You.
6. Pricing & Product Availability
6.1 To the best of its effort and knowledge, the Website shall endeavor to list accurate information in relation to the availability and price of Products sold on the Website.
6.2 Notwithstanding anything contained in Clause 6.1 above, the pricing and availability information may contain inadvertent typographical and other errors. In the event a Product is listed at an incorrect price or the information pertaining to the availability of a Product is incorrect, then the Website may at its sole discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. If the Website cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made within 21 working days.
6.3 All prices are listed in INR (Indian Rupee). The price as displayed, is inclusive of all taxes at the appropriate rate subject to the applicable law.
6.4 The Product(s) in your shopping cart will always reflect the most recent price displayed on the Product(s) detail page. Notwithstanding the same, the price at the time of processing the purchase request may differ from the price shown for the Product when the Product was placed in the shopping cart.
6.5. Notwithstanding anything contained herein, in case of Free Frame Category, selection of lens package is mandatory. In the event of checkout without selection of any lens package and consequently a zero amount invoice is generated, the website reserves the right to disregard such a purchase and shall treat such purchase as void and process accordingly.
6.6 Wizopt accepts the following forms of payment: (a) online payment via credit cards/ debit cards (b) cash on delivery (COD) in certain locations.
7. Payment Processing
7.1 You understand, accept and agree that the payment facility provided by the Website is neither banking nor financial services in nature, but is merely a facilitator providing an electronic and automated online electronic payment gateway for the transaction pertaining to purchase of Product(s) and merchandises on Website using the existing authorized banking infrastructure and credit/debit card payment gateway networks. Further, by providing payment facilities, the website is neither acting as a trustee nor is acting in fiduciary capacity with respect to the transaction executed or the price of the Product(s) purchased, by You.
7.2 You agree to provide correct and accurate credit/debit/cash card details to the approved payment gateway for availing Products. You shall not use the credit/debit/cash card which is not lawfully owned by You i.e. in any transaction You must use Your own credit/debit/cash card. All valid credit/debit/cash cards and other payment instruments are processed using an online electronic payment gateway or appropriate payment system infrastructure and the same will be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.
7.3 The Website reserves the right to refuse to process the transactions with Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyers with the Website or breach/violation of any law or any charges imposed by the issuing bank or breach of any policy. For buyers who have had a history of returning a product at least two times in the past 6 months, at the time of return request, it shall be deemed that he/ she has malafide intentions of misusing the return policy of the website and therefore his/ her return request shall be considered null and void.
7.4 The Website may delay in notifying the payment confirmation i.e. not dispatching the Product/s, if the Website deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and the payment received for the Product pertaining to such transaction. In addition, the Website may at its sole and absolute discretion shall hold the payment and the Website may not dispatch the Product/s or may remit the payment received for the Product to law enforcement officials (instead of refunding the same to the Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
7.5 The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verification or as required under the applicable law.
7.6 All online bank transfers (including net banking) from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the Users. All such online bank transfers (including net banking) or payment facility are also governed by the terms and conditions agreed to between the Buyer and the respective issuing bank.
7.7 You will be solely responsible for the security and confidentiality of Your credit/debit/cash cards. The Website expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit/cash cards.
8. Delivery Policy
8.1 You understand that the Website is merely an online facilitator for the sale of Products and the delivery of the Product will be carried out by Wizopt or its affiliates.
8.2 Delivery of Product(s) is subject to the serviceable area restrictions as stipulated in the Products detail page.
8.3 Subject to Clause 8.2 above, You understand that the Website does not facilitate the delivery of the Product(s) internationally. However, you can make purchase on the Website from anywhere in the world but at the same time ensuring the shipping address is within India.
8.4 In order to facilitate the timely delivery of Your Products, You are required to provide the correct and complete address details prior to proceeding for payment of the Product. In the event, Your order is not serviceable by Wizopt or its affliates; or the area is not covered, we request You to provide us with an alternate shipping address in order to effectively facilitate the shipping of the Product.
8.5 Upon successful processing of your transaction request and upon dispatch of your Product(s), an automated system generated e-mail will be sent to You providing the tracking details of Your Products.
8.6 The Website is not responsible for the non-delivery of the Product. The Website will not be held liable if the delivery is made to an incorrect address either, due to the address details provided by You being incorrect.
8.7 In the event, You order multiple Product(s) as part of the same transaction, the delivery of the Product may not be carried out as part of the same delivery.
8.8 In the event, You order multiple Product(s) as part of the same transaction and require them to be shipped to different addresses, then in such cases, You would be required to place orders for such Product(s) separately based on the delivery addresses.
9. Cancellation of Order & Return Policy for Product(s)
9.1 Cancellation of Order and Return Policy is dealt with separately and are governed by the Order Cancellation and Product Return / Replacement Policy available on the Website. In the event of cancellation of an order or return/replacement of Product/s, kindly refer to the same.
10.1 THE WEBSITE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR PRODUCTS/SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. THE WEBSITE MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE MANUFACTURER’s OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO MANUFACTURERS TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND THE WEBSITE DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. THE WEBSITE ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU OR ANY ADVERSITY/ ACCIDENT DURING USAGE.
10.2 THE WEBSITE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE MANUFACTURER AND THE WEBSITE SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU THROUGH THE WEBSITE FOR THE PRODUCT SUPPLIED TO THE WEBSITE BY THE MANUFACTURER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PRODUCT/SERVICE DETAILS PAGE.
11. Indemnification and Limitation of Liability
11.1 You agree to indemnify, defend and hold harmless the Website from and against any and all loses, liabilities, claims, damages, demands, costs and expenses (including any legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Website that arise out of, result from, or may be payable by virtue of any breach of representation, warranty, covenant, or agreement made or obligation to be performed by You pursuant to these Terms and Conditions applicable to the purchase of Products and services on the Website.
11.2 In no event shall the Website, its officers, directors, employees, partners or manufacturer be liable to You or to any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortious acts, or any other claim arising out of or in connection with Your purchase of the Products and services herein. Notwithstanding anything to the contrary, the Websites entire liability to You under this Terms and Conditions or otherwise shall be the refund of the money charged from You for any specific Product or service, under which the liability arises.
12. Governing Law
12.1 These Terms and Conditions and the relationship between You and the Website shall be governed in accordance with the laws of India.
12.2 You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms and Conditions or any transactions entered into or through the Website or the relationship between You and the Website shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.