GENERAL TERMS AND CONDITIONS OF USE
Last Updated: Dec 2021
Thank you for visiting Benesee.com, a website owned and operated by Benesee Eyewear Inc. Investments Ltd. (“Benesee Eyewear Inc.”). Please read these Terms and Conditions of Use (“Terms”) carefully. They contain the legal terms and conditions that govern the use of and access to our websites, www.benesee.com and www.benesee.com, as well as any other websites, mobile sites, (our “Websites”) and mobile applications (our “Apps”) (collectively, our “Sites”) owned, operated and/or distributed by Benesee Eyewear Inc., Benesee, Inc., Benesee Eyewear Inc. Eyewear, Inc., Glasses California, Inc., Benesee Fulfillment Center, Inc. (hereinafter, collectively referred to as "BENESEE.COM,” “Benesee,” “we,” “us,” or “our”), as well as our provision of products and services provided or made available by Benesee. Certain offline or online services, promotions, events, and features may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising, or in person, and those additional terms and conditions are incorporated herein by reference.
Acceptance of This Agreement, Modification & Severability
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms and Conditions, please do not access our Sites or make any purchases through our Sites.
We may make changes to these Terms from time to time. If Benesee.com makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through our Sites, or updating the date at the top of these Terms. Unless Benesee.com says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Sites after Benesee.com provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Sites. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shell be deemed severable and shall not affect the validity and enforceability of any remaining Term.
No professional advice
The information presented on or through our Sites or by any form of e-mail communication is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites, or by anyone who may be informed of any of its contents.
DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER PROVISION ARBITRATION AGREEMENT
Please read this section carefully. It affects your rights. It requires you to arbitrate disputes with Benesee.com and limits the manner in which you can seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the “Arbitration Agreement.”
We will try work in good faith to resolve any issue you have with our Sites including products and services ordered or purchased through our Sites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had
BY AGREEING TO ARBITRATION WITH Benesee.com (INCLUDING, WITHOUT LIMITATIONS, THE SITES), YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST Benesee.com (INCLUDING, WITHOUT LIMITATION, THE SITES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
YOU AND Benesee AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Benesee agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
1. ABOUT US
Benesee.com is a website owned and operated by Benesee Eyewear Inc., a company organized under the laws of the country of Canada. Benesee Eyewear Inc. is a global eyewear group that was founded in 2008. Founded over 10 years ago, Benesee.com is making affordable glasses accessible for anyone in need of vision correction.
Our Sites are not structured or intended to attract children under the age of 13 years. If you are under 13 years please do not visit or use the Sites. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using our Sites to make sure that you and your parent or guardian understand these Terms and agree to them.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.
3. No Medical Advice or Services
Benesee.com is not a medical or vision group or a health care provider. Benesee may provide its users with the ability to obtain a virtual consultation provided by independent health care practitioners. Any consultations provided to you will be provided by licensed optometrist, ophthalmologist, and/or other health care professional appropriately licensed and qualified to provide you health care services. If you experience any pain, symptoms, blurred vision, “seeing floaters” or other maladies of the eye, consult your physician immediately or call 911. The content of the Sites, including without limitation any content accessed, sent or made available for use or download through this Site (inclusive of any information transmitted by third parties and/or healthcare providers and eyeglass or contact lens prescriptions) does not constitute professional medical advice, diagnosis, or treatment by Benesee.com of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. We do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Sites.
4. CUSTOMER ACCOUNT
During your use of our Sites and in order to use our Sites' services, you may choose to or may be required to create an account (the “Account”), and by doing so you agree to provide accurate and complete information as required by the relevant Site page (the “Account Information”), and to keep the Account Information current, accurate and complete. If you choose to register to our website, we may offer different options to create an Account, including:
(a) Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.
You agree not to create an Account for anyone else or use the Account of another without their permission. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to us at [email protected] If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right to suspend or terminate your Account and refuse your use of the Sites, including, but not limited to, sales resulting from the Sites.
6. THIRD PARTY SOURCES AND CONTENT
Our Site enables you to view, access, link to, and use content from third parties (the “Third Party Sources”) (such content referred herein as “Third Party Content”) that are not owned or controlled by us. Third Party Source may be a third party website or service provider.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.
By using our Site you may be exposed to Third Party Content that you may consider as inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
Our Sites permits the hosting, sharing, posting, and publishing of content provided by you and other users (collectively, "User Submissions"). Your User Submissions may be posted to our Sites, used to send commercial marketing materials to you, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (as defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms. Intellectual Property Rights means any and all rights, titles and interests, whether foreign or domestic, in, under, and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and/or similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
You understand and acknowledge that when accessing and using our Sites: (1) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, correctness, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (2) you may be exposed to User Submissions that are inaccurate, or that you may consider as offensive, indecent, or objectionable. You hereby waive, any legal or equitable rights or remedies you may have against us with respect to the foregoing subsection (1) and (2) above.
We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Sites as we reasonably believe is necessary to: (1) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (2) enforce these Terms, including investigation of potential violations of it, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to your user support requests, or (5) protect the rights, property or safety of us, our users or the public.
You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is unfair or deceptive under the consumer protection laws of any jurisdiction; (2) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (3) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (4) impersonates another person; (5) promotes or involves illegal activities, terrorism, drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (6) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (7) constitutes an
unauthorized commercial communication; (8) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (9) breaches these Terms.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
We respects the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Sites
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent at [email protected]
8. CUSTOMER PURCHASES
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
If you choose to utilize your insurance plan to purchase or cover a portion of the purchase of your order, Benesee.com does not guarantee that your insurance coverage will be honored by your insurance plan for purchases made on the Sites. Any questions related to your insurance should be directed to the company offering your insurance plan.
9. CUSTOMER CONDUCT; OWNERSHIP
The (1) content on our Sites, including without limitation, the text, documents, articles, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (or collectively, the Materials), (2) and User Submissions (or together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained therein (or the Marks), are our property and/or our licensors’ property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name Benesee, Benesee.com, the Benesee logo or any other graphics or services terms or names that are our Marks or our affiliates' Marks on any site without our express prior written consent.
You acknowledge that all Content is copyrighted as a collective work under applicable law, including, without limitation, the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. 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. Section 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.
It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using our Sites. You shall not: (1) copy, distribute or modify any part of our Sites or services without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Sites; (4) use or launch any automated system (including without limitation, "robots", "spiders", or otherwise) to access our Sites; (5) parse any content within our Sites or copying any source code for the purpose of mimicking the look and feel of our Sites; (6) circumvent, disable or otherwise interfere with security-related features of our Sites or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Sites, and/or (7) sell, license, or exploit for any commercial or non-private purpose, any use or access to the Sites and Services or any Content related thereto.
10. PRODUCT DESCRIPTIONS
Benesee attempts to ensure the integrity and accuracy of the Sites, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Sites and content thereon. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Sites by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Benesee reserves the right to unilaterally correct any inaccuracies on the Sites without notice. Information contained on the Sites may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any non-Benesee affiliated third party.
In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. If a product offered by our Sites is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy (see “Return Policy” below for additional information).
11. COPY GLASSES FEATURE
a) Our Apps may include a “Prescription Scanner” feature (“ Prescription Scanner Feature”) which allows our Sites’ users to scan their prescription glasses in order to extract their optical parameters, and to receive such parameters (as such were extracted) which may include sphere (power), cylinder (astigmatism), and axis, and also to determine the distance between pupils (in millimeters rounded to 0.5mm) (“PD”) by analyzing our Site’s users’ uploaded picture.
b) You may use the Prescription Scanner Feature only if you comply with all the following pre-conditions:
i. the prescription glasses scanned under the Prescription Scanner Feature were manufactured based on a prescription provided to a person aged between 18 years old and 45 years old;
ii. the scanned eyeglasses optical parameters ranges are:
• Myopic with spherical power between -0.25 and -6.00 diopter
• Hyperopic with spherical power between +0.25 and +3.00 diopter
• Astigmatic with cylinder power between Cyl -0.25 and -2.50
• Single-vision only (no multi-focal, bi-focal or progressive lenses)
• Have no prism measurement in your prescription
iii. the prescription originally used for the prescription glasses scanned under the Prescription Scanner Feature is still valid under laws and regulations applicable to our Sites’ user, and was issued by a certified optometrist no longer than 24 months prior to the scan.
iv. the scanned prescription glasses were issued for a person who (a) does not suffer from a medical condition which may influence the results or the Prescription Scanner Feature or their applicability, including without limitation amblyopia, diabetes, hypertension, glaucoma, cataracts, retinal detachment, crossed-eyes, brain injuries, neurological issues, etc., and/or (b) does not suffers from vision discomfort or symptoms of acute eye pain, flashes and/or floaters in eyes.
And we assume no liability for any damages arising from your non-compliance with the above or with any of the instructions accompanying the Prescription Scanner Feature.
c) We do not provide medical advice and our services do not constitute the practice of medicine. You agree and acknowledge that the Prescription Scanner Feature scan results, may be influenced and/or distorted as a result of various factors such as a health condition, your non-adherence to the instruction of the Prescription Scanner Feature and/or the hardware you use with the Prescription Scanner Feature (e.g. computer screen, smartphone).
d) Use the Apps and/or the Prescription Scanner Feature therein, may only be made by users from the USA and Canada through the Apple or Google local application stores.
e) we reserve the right to modify, cease and/or remove the Prescription Scanner Feature, or any part thereof, at any time and at our sole discretion, with no liability therefor.
f) the Prescription Scanner Feature has been developed and is owned and provided by 6over6 Ltd., and we shall have no liability or responsibility with respect to the Prescription Scanner Feature scan results.
12. HOME TRY-ON
Benesee.com’s Free Home Try-On is a limited period trial program to help you find the perfect pair of glasses. You can select several glasses, as described on Home Try-On page, to try on at home for a limited Try-On period. Once the glasses are delivered, they are under your full ownership. You may return the glasses according to terms as described on the Home Try-On page. You can learn more about our Home Try-On here. If the Try-On period expires and any of the glasses you don’t want to keep have not been placed in the mail; or the glasses return to us damaged beyond reasonable use, your credit card may be charged by us for the full amount of each glasses pair that is damaged or missing, as explained further in the questions sections of our Home Try-On page. By placing your Home Try-On order, you are authorizing to charge your credit card, as well as agreeing to all other terms of our Home Try-On program which are explained on our Home Try-On page.
13. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products or services from the Sites for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within your home country.
14. LIMITATION OF LIABILITY
YOUR USE OF THE SITES IS AT YOUR OWN RISK. YOU AGREE THAT OUR SOLE OBLIGATION TO YOU IS TO PROVIDE THE SITES “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER OUR SITES NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES ( COLLECTIVELY, THE "BENESEE.COM PARTIES”), NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND APPS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR YOUR USE OF, OR THE INABILITY TO USE, THE SITES AND APPS, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MOVING IMAGES, SOUND, AND ILLUSTRATIONS (“CONTENT”), EXCEPT IN CASES OF: (A) GROSS NEGLIGENCE, RECKLESSNESS, OR AN ACT OF KNOWING OR INTENTIONAL WILLFUL MISCONDUCT; OR (B) A VIOLATION OF A CONSUMER PROTECTION STATUTE IN CONNECTION WITH THE SITES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Benesee.com PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, REPUTATION, REVENUES, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF THE Benesee.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER THESE TERMS AND CONDITIONS OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE Benesee.com PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE Benesee.com PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED OR ANY THIRD-PARTY COOKIES (INCLUDING, WITHOUT LIMITATIONS, PIXELS TAGS, WEB BEACONS AND OTHER TRACKING TECHNOLOGIES).
IN THE EVENT OF ANY PROBLEM WITH THE SITES, CONTENT, OR ANY COOKIE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH THE MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES OF Benesee.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH Benesee.com PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH Benesee.com SERVICES IS TO STOP USING THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY TO THE Benesee.com PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR YOUR USE OF SUCH PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL APPLY ALSO TO OUR LICENSORS AND SERVICES PROVIDERS WITH RESPECT TO THEIR LICENSED ARTICLES AND PROVIDED SERVICES, WHICH ARE INCORPORATED IN OUR SITES.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND Benesee.com. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Benesee.com. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
15. OTHER RIGHTS
We reserve the right to monitor areas of our Sites electronically and may at our sole discretion use and/or disclose any data or communication of any kind.
We may terminate or suspend your account and your accessibility to all or part of our Sites, without prior 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.
As customer service is the most important aspect of our business, we reserve the right to deny your purchase of any product or service if it is apparent that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer to protect us to these ends.
16. TERMINATION OF ACCESS
You agree that Benesee.com may terminate your access to the Sites without prior notice and for any reason, and you 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 our Sites. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our Sites and/or deactivation or deletion of your account. These Terms remain in effect even after your access or account is terminated. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Benesee.com, for which monetary damages would be inadequate, and you consent to Benesee.com obtaining any injunctive or equitable relief that Benesee.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Benesee.com may have at law or in equity.
17. WARRANTY DISCLAIMERS
OUR SITES, SERVICES, AND ANY CONTENT OR DATA RELATED THERETO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATIONS OR WARRANTIES ARE MADE HEREUNDER AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY SERVICES OR CONTENT, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SITES OR SERVICES. WE DO NOT GUARANTEE THAT OUR SITES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SITES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OUR SITES BY A THIRD PARTY.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
WE DO NOT AND WILL NOT ACCEPT LIABILITY IN CASES WHERE CUSTOMERS PROVIDE US WITH PRESCRIPTIONS NOT SUITED TO THEIR PERSONAL CONDITION OR PRESCRIPTIONS WHICH ARE NO LONGER VALID IN ANY APPLICABLE JURISDICTION. WE ALSO RESERVE THE RIGHT TO NOT ACCEPT PRESCRIPTIONS THAT HAVE BEEN ISSUED MORE THAN TWO YEARS PRIOR TO THEIR SUBMISSION TO THE SITES. WE HIGHLY DISCOURAGE CUSTOMERS FROM USING EYEGLASSES OR CONTACT LENSES THAT ARE NOT SUITED TO THEIR PRESCRIPTION AND ENCOURAGE YOU TO VISIT YOUR EYE DOCTOR AND OPTOMETRIST PERIODICALLY.
18. APPLICABLE LAW
We make no representation that the Content on our Sites is appropriate or available for use outside of the United States and Canada. Access to our Sites and the services may not be legal by certain persons or in certain countries. Those who choose to access our Sites from other locations do so at 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. Except as otherwise set forth in the Arbitration Agreement, any claim relating to our Sites, the services provided through our Sites or the Content (or a Claim) shall be governed by the internal laws of the State of Delaware and the laws the United States of America applicable therein, without reference to any choice of law provisions. Subject further to the Arbitration Agreement, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Delaware 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 agree to defend, indemnify, and hold the Benesee.com Parties harmless from any and all claims, damages, judgements, awards, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to any violation of these Terms by you or your authorized users, or in connection with your use of, or inability to use, our Sites or your purchases or placement or transmission of any message or information on our Sites by you or your authorized users or your violation of any law or the rights of a third party or your User Submissions.
20. SUBMITTED FEEDBACK
It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our Sites. 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 (to which we refer collectively, as Feedback), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. 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 Feedback of every kind and nature throughout the universe and shall be
entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on our Sites or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
21. Notice to California residents
If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website you may contact Us at 954 Lexington Avenue, Suite 537, New York, NY 10021-5013 or by telephone at +1 (844) 646-7470 or email at [email protected] You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.
22. Revisions; General
Benesee reserves the right, in its sole discretion, to terminate your access to all or part of our Sites, with or without cause, and with or without notice. Benesee reserves the right to modify these Terms at any time, effective upon posting. Any use of our Sites after such changes will be deemed an acceptance of those changes. You agree to review the Terms each time you access our Sites so that you may be aware of any changes to these Terms. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between Benesee and you pertaining to the subject matter hereof. In its sole discretion, Benesee may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within our Sites.
If you have any questions regarding our General Terms and Conditions of Use, please feel free to contact us via:
Email: [email protected]
Phone: +1 (844) 646-7470
Postal mail: Benesee, 2010 El Camino Real #2006 Santa Clara, CA 95050, USA.
You hereby represent and warrant that the prescription you submit as part of your order is valid on the date of placing your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription, subject to applicable laws and regulations. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your eyeglass or contact lenses (to which we refer herein as Products). By placing an order through our Sites, you represent that the information used for purchasing the Product/s is correct, true, and accurately matches the prescription you received from your eye care provider. You further represent and warrant that you will renew your prescription in accordance with your eye care provider's instructions. You hereby acknowledge that your order will not be guaranteed unless your prescription meets the terms set out in this purchase policy. You hereby agree that we and our representatives may contact your eye care provider with any questions, comments, concerns, or verification needed with respect to your prescription.
Note that eyeglasses and contact lens prescriptions may differ from one another, so you should make ensure that you are ordering the correct parameters set forth in your prescription for the type of product you wish to purchase.
In cases where you order contact lenses and prescriptions are typed manually instead of being uploaded, we are obligated by law to verify your prescription with your eye care provider. This is in order to ensure that we provide you with the correct contact lenses in your order. According to the U.S. Fairness to Contact Lens Consumer Law, if the seller does not receive verification response from the eye care provider within 8 business hours, the seller is allowed to sell the customer the contact lenses.
If you order eyeglasses, we will also need your pupillary distance, or PD, to fill your order. When you are fitted for eyeglasses by an eye care provider, you should be provided with a copy of your prescription specifying your PD. In the event that the PD is not included in your order, we will use an average PD, and you agree that you forfeit all rights for any claim against us in such case. In any event, you shall be entitled to return or exchange the item in accordance with our Return Policy as described hereunder.
If the prescription change requires an upgrade in the lens package, you will be required to pay the difference.
You must be a minimum age of 18 years of age to submit an order. . In case the prescription is for a child between 13 and 18 years of age, it's the parent's or guardian's responsibility to ensure the prescription was filled accurately.
2. COUPONS AND DISCOUNTS
3. ORDER PRODUCTION AND PROCESSING
Lack of information in orders may lead to delays in processing such orders. There may be cases in which we will be required to contact you in order to obtain additional information, and such inquiries may also delay the processing of the order. In any event, we shall make reasonable efforts to notify you with respect to any delays.
The processing time of orders that contain additions to the lens (such as coatings, tint or other) may take longer time. Processing time of orders which contain progressive and bifocal lenses may take longer than that of standard lenses.
4. SHIPMENT AND DELIVERY
Orders will be delivered to the address that appears on your order within reasonable time from the completion of the production and the quality checks.
Orders are usually shipped within 10 days from the date of confirmation of payment; however, there may be delays due to external factors. The time of delivery can vary depending on the destination. Please note that additional local taxes may be applied to shipments to locations outside of the United States.
We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.
Please be advised: all international shipments may be subject to customs regulation. Any related charges will be your responsibility. We can’t be held liable for incurred charges.
When you place your order, you must choose shipping and delivery options. Standard shipping can take up to approximately 14 (fourteen) business days from the date of shipment. If you need your Product faster, you can upgrade to the Expedited or Express shipping option. Once the package is shipped from a Benesee.com facility, it is no longer the responsibility of Benesee.com but the responsibility of carrier.
Upgrading your shipment does not infer overnight delivery. Delivery times are based on estimation only and exclude the production and verification stages.
It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and increase the costs of the purchased Products. We will not refund or exchange products that were shipped to an inaccurate address as a result of missing details. Shipping claims should be addressed within 30 days from the date of the shipping.
5. EYEGLASSES LOWEST PRICE GUARANTEE (NON PREMIUM)
We guarantee that we can beat any eyeglasses price you find online and we're even ready to offer you the lowest price guarantee (“Lowest Price Guarantee”). If you find identical eyeglasses at a lower price (excluding shipping and handling) for an identical item offered in the United States by another authorized online retailer (“the Competitor”), we shall beat that Competitor's price by 10%.
In order to receive the Lowest Price Guarantee, please follow the following steps: Contact our Customer Service within 10 days of your purchase. The eyeglasses in question must have been purchased from us.
Provide our Customer Service with a link to the Competitor’s webpage offering the exact same eyeglasses at a lower price. The eyeglasses must currently be in stock on the website offering the lower price.
Note that all the following criteria must be met: (1) Lowest Price Guarantee refers to eyeglasses only, (2) The Competitor's eyeglasses must be new and match exactly to the ones purchased from us (Frame, Color, Model, Style, Lenses, Brand name, and other parameters), (3) Lowest Price Guarantee does not include PREMIUM tagged brands/frames, (4) Currently in-stock at the Competitor's website with the lower price currently listed, (5) Claims must be made within 10 calendar days from purchase, (6) Lowest Price Guarantee only applies to the prices of authorized online retailers, (7) Competitor’s lower price must include all shipping charges, handling fees and other charges which may apply, (8) Applies only on formal price from authorized online retailer, excluding discounts, coupons, rebates, promotion codes or other special discounts (such as "buy one - get one free", Google Ads), and (9) Excluding membership clubs, marketplaces, and closeouts. We reserve the right to reject claims of Lowest Price Guarantee in the event of fraud or abuse of the program. Decisions that have been taken by us are absolute and final. If there is any evidence of fraudulent activity found, we reserve the right to reject the claim. We reserve the right to amend or cease the Lowest Price Guarantee program without prior notice.
6. PREMIUM GLASSES PRICE MATCH GUARANTEE OR LOWEST PRICE GUARANTEE
If you find a lower price offered in the United States by another authorized online retailer (“the Competitor”), compared to your payment amount, for an identical item (including all lenses and coating) of any Premium frame (Eyeglasses or Sunglasses) post purchase, we will match that price (“Price Match Guarantee”) or beat that Competitor's price by an amount to be solely determined by us.
In order to receive the Price Match Guarantee, please follow the following steps:
1. Contact our Customer Service within 3 calendar days of your purchase. The frame in question must have been purchased from us.
2. Provide our Customer Service with a link to the Competitor’s webpage offering the exact same frame at a lower price. The frame must currently be in stock on the Competitor’s website offering the lower price and the price must be the current price at the Competitor's website.
Note that all the following criteria must be met: (1) Applies on Premium frames only (excluding “buy one – get one free”) (2) The Competitor's glasses must be new and match exactly to the ones purchased from us (Frame, Color, Model, Style, Lenses, Lenses coating, Lenses index, Brand name and other parameters), (3) Currently in-stock at the Competitor's website with the lower price currently listed, (4) Claims must be made within 3 calendar days from purchase, (5) Competitor’s lower price must be aligned with the frame’s manufacturer price restrictions and include all shipping charges, handling fees and other charges which may apply, (6) Applies only on formal prices, listed in US dollars, offered in the United States from an authorized online retailer, excluding discounts, coupons, rebates, promotion codes or other special discounts (such as "buy one - get one free", Google Ads), and (7) Excluding membership clubs, marketplaces, and closeouts.
We reserve the right to reject claims of Price Match Guarantee in the event of fraud or abuse of the program. Decisions that have been taken by us are absolute and final. If there is any evidence of fraudulent activity found, we reserve the right to reject the claim.
We reserve the right to amend or cease the Price Match Guarantee program without prior notice.
7. CONTACT LENSES PRICE MATCH GUARANTEE
Should you find the contact lenses you bought priced lower, simply contact our Customer Service and we match your order price.
In order to receive the price match, please follow the following steps:
1. Contact our Customer Service within 7 days of your purchase. The Product in question must have been purchased from us.
2. Send Customer Service ([email protected]) a link to the webpage offering the exact same Product at a lower price. The Product must currently be in stock on the website offering the lower price.
(1) the exact same item, including brand, prescription parameters, quantity, size, color, etc., (2) sold by an online authorized retailer, (3) currently in-stock at the online retailer's website with the discount price currently listed, (4) the price includes all shipping charges, handling fees and other charges which may apply, (5) the quantity ordered from the retailer matches the retailer's required quantity to receive the lower price and the quantity being ordered from us, (6) quantity purchased is for a period which does not exceed one year, (7) applies only on formal online retailers prices offered in the United States, excluding google ads special prices, (8) price-match orders are not eligible for additional special discounts, coupons, or offers on top of the price match,(9) excluding rebate offers and (10) excluding UPP (Unilateral Pricing Policy) products (products with a manufacturer-specified pricing), which include: Biotrue ONEday 30pk, Ultra 6pk, Ultra for Presbyopia 6pk, Biofinity Energys 6pk, clariti 1-Day UV 90pk, clariti 1-Day ToricUV 30pk, clariti 1-Day MultifocalUV30pk, MyDay 90pk, and clariti 1-Day Multifocal UV 90pk.
We do not honor price matches for the following: (1) Competitors' coupons or promotion codes or special discounts (such as "buy one-get one free"), (2) expired prices or misprinted prices, (3) prices offered for offline purchasing (in-store-only), (4) special prices provided to purchased membership only, and (5) closeout or going out of business prices.
All price matching is at our sole discretion and is subject to changes at any time without prior notice. We reserve the right to refuse price matching at any time.
8. RETURN POLICY
We do our best to make returns and exchanges as simple as possible.
We are confident that you will enjoy our eyeglasses and contact lenses. However, if you are not completely satisfied with your eyeglasses within the first 14 days after delivery (and with respect to contact lenses, 30 days), you are entitled to a refund, product exchange, or a 100% store credit. No questions asked and hassle-free.
Should you choose to return the Product, we shall provide you with a prepaid shipping label.
Please note that cancelling an order will only be possible prior to Quality Assurance testing by submitting the request through the online RMA form. Once the order has begun Quality Assurance testing, it cannot be canceled however, you may still return or exchange the item upon receipt subject to the terms of the return policy.
See below for further information on exercising your rights under our 14-day (and with respect to contact lenses, 30-day) money back/replacement guarantee.
In the event that eyeglasses are returned, it shall be returned in their unused, original and merchantable condition and in their original packaging, including all accessories such as case and cleaning cloth. In the event that contact lenses returned, it shall be returned unopened in their original, merchantable condition.
To start your eyeglasses return process, simply go to Returns section in our website and fill the return authorization form.
To start your contact lenses return, contact our Customer Service at [email protected] or call us at +1 (844) 646-7470, 24/7 to set up the exchange.
After you receive the returning shipping label, go to your Post Office or mailbox and send us the returned Product/s in their original packaging (as specified above), using the shipping label we have provided you with.
We will offer you:
100% money back guarantee or store credit (note that the refund/ store credit does not include the cost of any shipping that is not Standard, as mentioned in the Shipment and Delivery section above).
Product exchange of equal or lesser value.
A return shipping label will be provided free of charge upon your request (available for Continental U.S. addresses only). A tracking number should be provided to us for all returned items. Exchanges, issuance of store credit and refunds will only be processed once the returned item(s) arrive at our facilities, and can be verified with a tracking number.
Refunds will be effected via the same method of payment used to order the Product (credit card, debit card, PayPal, etc.). Please allow up to 30 days from when we receive the item (in respect to cancellations, 30 days from when the cancellation request was submitted), for the credit to appear in your account. Keep in mind that some refunds may take over 30 days from the purchase date to be processed.
BUY ONE GET ONE FREE COUPONS (BOGO, BOGOFREE, ELLEN, BOGOBRADS): If both products are returned customer is entitled to 100% refund or store credit. If one pair is returned / cancelled, customer is entitled to one of the following: 1. Exchange for product of equal or lesser value than the more expensive BOGO item. 2. A refund/store credit amount: a. In case the non-returned item is a premium - 10% of the non-returned item. In case the non-returned item is a non-premium - 30% of the non-returned item. b. In addition to the discount mentioned in (a) above, if a more expensive item is returned / cancelled, the customer is entitled to receive the price difference between two products.
Each item may be returned a single time, within 14 days after its delivery (and with respect to contact lenses, 30 days), for a 100% refund (as specified above), store credit or an equal-value exchange. The next return with respect to the same item will only be eligible for store credit or equal-value exchange. Every item originating from the same order may be returned up to 2 times in total.
For international orders, please contact our Customer Service before sending the items back. Return shipping label will not be provided for international orders. The item should be returned in its original packaging (as specified above) to the following address:
Benesee Eyewear Inc. Fulfillment Services
c/o Flying Cargo Logistics @ Rim Logistics
1750 Central Ave.
Roselle, Illinois 60172, USA
*All store credits and exchanges are non-refundable.
*It is the customer's responsibility to ship the item(s) back within 6 business days from receiving the return shipping label, and 6 business days from receiving authorization to return an international order. Return requests will not be processed after such timeframes.
*Refunds will only be processed up to 90 days from the delivery date.
*Store credit is valid for 3 months from the date granted. The validity of store credit cannot be extended.
*Store credit may not be used in conjunction with certain coupons.
* A tracking number must be provided for the returned items of international orders.
* Each item is entitled to a one-time, no-questions-asked, return for either 100% refund or store credit (does not include the cost of any shipping that is not Standard) or product exchange of equal or lesser value.
* Returns can only be processed within 14 days of delivery (and with respect to contact lenses, 30 days), and are limited to 2 (two) per item. Please note that Benesee reserves the right to require proof of error for an item returned more than once.
* All return settlement requests that were submitted through the online submission form are final and irreversible. This does not include further offers of store credits or exchanges accepted via a verbal agreement after submission. Acceptance of said offers are final and irreversible as well.
* The customer can only send back the items that were selected on the return authorization form, with the shipping label issued to those items. Any additional items that are included in the returned box that were not filled out on the appropriate return authorization form, will not be accounted for.
* Only store credits generated from a return/cancellation of contact lenses orders can be used to purchase contact lenses.
9. EYEGLASSES MANUFACTURER’S WARRANTY
All frames have a 365-day manufacturer’s warranty. In the unlikely event that your frame or lenses break after the initial 14 days following delivery and within one year of your purchase, we will gladly provide you with a 50% store credit towards another pair of eyeglasses. Your store credit will be in the amount of 50% of the amount paid for the item; this does not include the shipping cost. The coverage does NOT include accidental damage from handling or damage from normal wear and tear. . Please note it is the customer's responsibility to return the glasses and provide us with the return shipping tracking information. Furthermore, a picture of the damage to the item is required for the warranty to be activated.
Warranty for products purchased with BOGOFREE & ELLEN buy one get one free Promotions: in the case that a customer requests warranty on a product purchased during a buy on get one free promotion, the customer is eligible for a store credit amounting to 25% of the subtotal of the product in question. Please note that this warranty is eligible for one-time use and is non-renewable.
For questions regarding our Return Policy please contact us at [email protected] or call our Customer Service team at +1 (844) 646-7470.
10. EYEGLASSES 20/20 ENHANCED COVERAGE WARRANTY
Purchase our 20/20 Enhanced Coverage Plan, or the 20/20 Plan, to ensure that your glasses are covered, whether you need a repair or replacement or in case of change of prescription. Coverage includes:
* Accidental damage from handling;
* Prescription changes; and
* Damage from normal wear and tear.
Limitations and exclusions apply. Read below for full plan details.
Terms of Coverage
The 20/20 Plan is limited to a one-time use within its defined period starting on the day you receive the eyeglasses. Subject to the type of warranty purchased, the warranty coverage lasts one year (365 days) or two years (730 days) from the day you receive the eyeglasses, and can be verified with a tracking number.
$15 Replacement Service (incl. handling). For premium-marked frames or Transitions lenses, an additional charge of $15 will apply ($30 in total).
Additional Terms and Conditions
By purchasing the 20/20 Plan, you consent to the terms of the 20/20 Plan and acknowledge that you have had the
opportunity to read the terms and conditions set forth herein.
The 20/20 Plan covers parts and labor costs to exchange or repair your eyeglasses in the event your eyeglasses are damaged. We will replace the eyeglasses, at our discretion, when required due to damage. You are entitled to a replacement of equal value to the amount originally paid. In the event that the original frame is still in stock, a replacement will be provided with the same lens package and protective coatings as in the original order. In the event that the original frame purchased is no longer in stock, you are entitled to a frame of equal or lesser value including lens package and protective coatings. In the event of a change in the prescription originally provided for the order, the customer must provide us with the new prescription. If the prescription change requires an upgrade in the lens package, the customer will be required to pay the difference. Only after confirmation of receipt of the returned eyeglasses will the customer be entitled to the warranty.
Your membership under the 20/20 Plan is non-transferable and not renewable.
In addition, an email with the tracking number of the returned item must be sent to:
11. LIMITED WARRANTY
The following are not covered under the 20/20 Enhanced Coverage Warranty and/or the Glasses Manufacturer’s Warranty (referred to above): (1) DAMAGE FROM INTRODUCTION OF FOREIGN OBJECTS INTO THE EYEGLASSES, UNAUTHORIZED EYEGLASSES MODIFICATIONS OR ALTERATIONS; (2) FAILURE TO FOLLOW THE MANUFACTURER'S CLEAN AND CARE INSTRUCTIONS; (3) UNAUTHORIZED REPAIRS; (4) DAMAGE INCURRED DURING TRANSPORTATION; (5) DAMAGE FROM TAMPERING WITH ELEMENTS DESIGNED TO SECURE LENSES AND/OR ARMS; (6) EYEGLASSES THAT ARE LOST OR STOLEN; AND (7) EYE EXAMS OR OTHER MEDICAL EXPENSES ASSOCIATED WITH OBTAINING REPLACEMENT EYEWEAR