Terms and Conditions of Use

Thank you for visiting EyeBuyDirect.com! — an Essilor of America 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.

These general terms and conditions (which include the Return Policy, Intellectual Property policy, and Privacy Policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use or access this Site, you cannot buy any optical products or services through this Site, and you should immediately exit this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time in our sole discretion. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. By accessing the Site, using its current or future services and/or buying eyeglasses or other optical products through the Site, you agree that you have read, understood and agree to be bound by these Terms of Use. Your continued access or use of the Site shall also be deemed to be your acceptance of any updates and changes, and of the reasonableness of these Terms of Use.

BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO A CLASS ACTION WAIVER.

Your Account Obligations

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy to understand our privacy-related practices.

Your Conduct

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.

Delivery

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.

Cooling-off Period

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.

EyeBuyDirect Credits

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.

Warranty

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

Eyeglasses Policy

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. Purchases and refunds are made in USD; customers bear the financial risk related to exchange rates. 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.

Prescription

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.

Trademarks

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.

Mobile Terms & Conditions

Eyebuydirect offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 81096. Customers may also sign up to receive order and shipping notifications by SMS message (the "Service") on short code 96253. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Eyebuydirect reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

Authorize Eyebuydirect to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call customer support at 1-855-393-2891. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on short code 39323, your message frequency may vary. You may receive alerts about:

Sale promotions
Event information
Product launch announcements
Cart reminders
Back in stock
Product Alerts

Once you affirm your choice to opt-in to the Service on short code 96253, your message frequency may vary. You may receive alerts about:

Order confirmation
Order updates
Shipping and tracking information
Delivery notification

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Eyebuydirect may add or remove any wireless carrier from the Service at any time without notice. Eyebuydirect and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Eyebuydirect, text the word STOP to 81096 or 96253 any time or reply STOP to any of the text messages you have received from Eyebuydirect. This is the exclusive method for opting out. After texting STOP to 81096 or 96253, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 81096 or 96253. This will provide you with a toll-free number 1-855-393-2891 to contact customer support. You can also contact us at https://www.eyebuydirect.com/contact.

Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

Our Rights

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.

Termination

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.

DISPUTE RESOLUTION: PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF

THIS SECTION LIMITS THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION.

You and EyeBuyDirect agree that, except where prohibited by applicable law, each of us may bring claims that relate to or arise from your use of or access to our website, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., the Illinois Biometric Privacy Act, 740 ILCS § 14/1 et seq., the Texas Capture or Use of Biometric Identifier Act, Bus. & Com. § 503.001 et seq., and other federal and state telemarketing and privacy laws. If a court decides that this prohibition of class and representative actions and non-individualized relief is invalid or unenforceable, then the remainder of the Agreement will continue to apply.

Applicable Law

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.

Site Content

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.

Electronic Communications

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 or some documents provided by third parties. These links will let you leave the Site. The linked sites or third party documents are not under our control and we are not responsible for the contents of any document, 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 or any third party document.

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.

Privacy Policy

Read our full Privacy Policy

Policies

Opt-Out

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.

Opt-In

EyeBuyDirect is part of the EssilorLuxottica group. By accepting these terms and conditions, you (i) allow us to share your data strictly with companies within the EssilorLuxottica group and (ii) give your express, specific, and informed consent to receive emails of promotional materials concerning optical products and glasses from these companies. Your data will not be shared with any third party company except for specific purposes detailed in our Privacy Policy. Each email sent to you by EyeBuyDirect and/or other companies within our group will include an 'unsubscribe' link.

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 eyecare@eyebuydirect.com

WARRANTY DISCLAIMER.

AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY EYEBUYDIRECT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS. SOME LAWS MAY NOT PERMIT CERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

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.

HEALTH DISCLAIMER. ANY GENERAL HEALTH INFORMATION ON THIS WEBSITE IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTED TO A PROFESSIONAL HEALTHCARE PROVIDER.

Limitation on Liability

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EYEBUYDIRECT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, OR USER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF EYEBUYDIRECT FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EYEBUYDIRECT IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

Indemnity

As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless EyeBuyDirect and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Site; (ii) any User-Generated Content; (iii) your breach of any of these Terms and Conditions of Use; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Site.

General Information

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.

Submissions

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.

Read our full Privacy Policy

Effective Date: July 23, 2024.

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