Terms of Use | 1800 Specs

GENERAL TERMS OF USE
Welcome to the 1800 Specs website located at http://www.1800specs.com ("Site"). This Site is owned and operated by 1800 Specs, Inc.

1800 Specs has created this Site for the purpose of providing you with an exceptional product as well as an enjoyable shopping experience. These Terms and Conditions of Use constitute a binding legal agreement ("Agreement") between you and 1800 Specs. Use of the Site is also governed by the 1800 Specs Privacy Policy, which is incorporated into this Agreement by this reference. By using the Site, you agree to be bound by this Agreement; whether you are a "Visitor" (means that you simply browse the Site) or you are a "Customer" (means that you have made purchases at 1800specs.com). By clicking SUBMIT on the order page, you agree to be bound by the terms of this agreement. The term "User" refers to a Visitor or a Customer. You are only authorized to access this Site or to use the materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@1800specs.com.

1800 Specs reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If any of the Terms of Use are unacceptable, the user must immediately leave the Site and stop all use of the Site and its related services.

By accessing and/or ordering from 1800 Specs, you hereby acknowledge that you have read and agree to be bound by the Terms of Use.

If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@1800specs.com with your concerns.

SITE CONTENT
Any and all materials used on the site, including order forms, graphics, text, photos, calculations, logos, designs, icons, and video are the trademarks of 1800 Specs, Inc. and are owned solely by 1800 Specs for their exclusive use and may not be copied or used in any other manner. Accessing the website and the use of these materials are deemed to be licensed to you solely for the purpose of placing your order with 1800 Specs.

The contents of the site may not be used for any commercial purpose and may not be reproduced, disseminated, distributed, published or transmitted for any commercial purpose.

ORDERING
In most cases we ship our glasses directly to you within 14 days from the date we receive your order and/or prescription. Please bear in mind that the time period may be longer depending upon the prescription and passing quality control inspections.

CONSENT
By using 1800 Specs and entering the requested information on the order form, you hereby consent to and issue license to 1800 Specs, to use your personal information for purposes of fulfilling your order. This information includes, your name, address, credit card information and prescription.

RETURNS
At 1800 Specs, we want you to be totally satisfied with your purchase. To that end, ALL returns are unconditional. You may return your glasses for any reason for 365 days from the date of purchase. In the event that you are not fully satisfied with your purchase we will gladly refund you the full purchase price excluding the order processing fee within 90 days of order, and you will not be charged a re-stocking fee. After 90 days only a credits toward a one-time use will be issued (less the $6.95 as is the current policy), and do not have cash value. You must include the following information with your return: order number, name, address and payment method. You must include the eyeglasses and any other original packaging material. 1800 Specs is not responsible for lost, damaged, stolen or missing eyeglasses or other related goods.

Customers are solely responsible for obtaining their own prescriptions. 1800 Specs, is not responsible for obtaining a customer's prescription, under any circumstances, including, but not limited to a customer's inability to contact their optometrist, a customer obtaining an inaccurate prescription, or a customer providing 1800 Specs with an inaccurate prescription.

1800 Specs will not be held liable in any way, under any circumstance, for a customer's failure and/or inability to obtain their prescription. The order processing fee is non-refundable, under any circumstance, including, but not limited to a customer's inability to obtain their prescription, a customer providing an incorrect and/or inaccurate prescription, or a customer's decision not to provide a prescription.

COLORS
At 1800 Specs we make every effort to provide our customers with an accurate representation of the color of our products, however, due to differences in computer monitors, we cannot guarantee that the color displayed on your monitor is accurate.

LINKED SITES AND ADVERTISING
If 1800 Specs has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that 1800 Specs is connected with, operates or controls these web sites. 1800 Specs is not responsible for the content or practices of third party web sites that may be linked to this Site and makes no representation or warranty regarding such web sites. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement. 1800 Specs takes no responsibility for third party advertisements, which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

DISCLAIMER OF LIABILITY AND WARRANTIES
While 1800 Specs does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied, regarding the Site, products or services including but not limited to, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You assume the risk of any and all damage or loss of, or inability to use, the Site, the products or the service.

This means, without limitation, that 1800 Specs does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

1800 Specs liability to you is limited. Specifically, you acknowledge that 1800 Specs is not liable for any damages, including, without limitation, direct, incidental, special, consequential, punitive damages, lost data/information, or lost profits, whether these damages were foreseeable or not; in connection with or coming from your use or your inability to use the Site, or other services/materials provided by 1800 Specs. These limitations shall apply, whether or not the damages stem from a tort, breach of contract, or any other legal action or theory.

INACCURACY DISCLAIMER
At 1800 Specs we strive to provide up to date, accurate information about the products listed on the site, however, from time to time there may be inaccuracies and or omissions, and or typographical errors about the products, including but not limited to, pricing, descriptions and availability.

PROMOTIONS
The "free glasses" offer is defined as follows: one pair of free glasses will be given per household, which is further defined as a physical address, which includes both the shipping and/or billing address. Freespecs reserves the right to modify, amend or discontinue this promotion and any future promotions without notice at anytime, and such modification will be effective upon posting to the Site.

VIOLATIONS & PROHIBITIONS
At 1800 Specs we reserve the right to terminate any users who misuse the Site, including, but not limited to any abuse, infringement of third party rights, or any other unauthorized use of the Site. Additionally, 1800 Specs reserves the right to immediately terminate any users accounts, without any notice, if 1800 Specs believes you have tampered with, or interfered with, the use of the Site or violated any of the Terms of Use.

Additionally, this Site is intended for personal use. You are prohibited from violating or attempting to violate any security features associated with this Site.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless 1800 Specs, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

UNENFORCEABLE PROVISIONS
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW
This Agreement is governed by, and construed in accordance with, the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern or Eastern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site. Including, but not limited to ordering glasses, entering a prescription or other personal information. You further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

If a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

1800 Specs is controlled and operated from its offices in the States of New York and California. 1800 Specs makes no representation that any of the materials or the services to which you have been given access to, are available or appropriate for use in other locations.

In the event of any legal action, including, but not limited to litigation, arbitration, mediation or any other proceeding arising from or related to the use of this Site and its related terms, the prevailing party shall be entitled to recover reasonable attorneys fees and costs of litigation or other proceeding.