TERMS AND CONDITIONS AND DISCLAIMER
1. TERMS AND CONDITIONS
M/s D’Optikart is a sole proprietorship company having its registered office in Uttar Pradesh (hereinafter referred to as ‘Company’). The Company is in Optical sales through stores and other internet based mediums. This Agreement for the Terms and Conditions of use of the Company’s stores and/or Website/s (hereinafter referred to as ‘Agreement’) describes certain terms and conditions to access and use the stores and/or website/s of the Company by a visitor or a registered user and order products (hereinafter referred to as the “End User”, “You” or “Your”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.
You expressly agree to be bound by this Agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, You agree to be bound by the terms and conditions detailed herein.
The Company recommends that, irrespective of whether You are a Visitor or a Registered Member who proposes to utilize the Service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for Your own records. Or You may even take a print out of the same.
The Company expressly states that the Services provided or offered by D’Optikart and the Agreement which You are required to be bound by is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. In the event, if You are not legally permitted to enter into a contract or are for some reason either due to Your age or any other reason not permitted to enter into an Agreement, then, You are not permitted to utilize the Services provided by this D’Optikart or enter into this Agreement. In the alternative You could order Products under parental supervision.
Your acceptance of this Agreement and utilization of Services implies and You expressly and implicitly represent to the Company that You are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind You and your parents to this Agreement.
In the event that You are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then, You expressly confirm that You have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, You state that You have the right to bind such individual/s, company/ies, third parties or any entities to this Agreement.
The Services made available on or through this Website has been made available to You for the specific purpose of enabling Users to purchase original merchandise such as eyewear (which includes both spectacles and contact lens) , watches and bags from various high end brands (collectively, “Products”). It is not intended to be providing You with any nature of certification, guarantee or warranty or any professional advice and is a mere information and guidance. By accessing, browsing and using this Website/s, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, You are ultimately responsible for determining Your specific requirements.
You are strictly prohibited from unauthorized use of our systems or this Website/s, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.
You acknowledge that the Company may disclose and transfer any information that You provide through this Website to
(i) our affiliate or information providers,
(ii) to any third party but strictly with Your permission, or
(iii) if we are legally bound to disclose any information due to compulsions under law.
You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website You agree to such transfers.
You expressly agree and acknowledge that usage of the Website/s may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of this Website or the Services, You implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website.
3. RETURN, REFUND OR EXCHANGE POLICY
The Company provides You a return, refund or exchange opportunity on your purchase, in the event you are unhappy you’re your purchase provided You meet with the following conditions:
(a) The request for return, exchange or refund should be raised within 7 (seven) days of the receipt of the products;
(b) The price tag and any other identification tag, the invoice and the original packing must be intact and sent back;
(c) The product should not have been used or should not have any dirt or scratches or tear or in short should not be rendered unsellable;
(d) You need to mention your order number, the date of order and your date of receipt;
(e) Ensure that the return package is appropriately sealed and sent to the Company as any damage in transit will continue to be your responsibility and this policy will cease to be applicable;
(f) The Company has a dedicated team which will check the returned products and their decision of your request will be final to accept or reject;
(g) In case your request is accepted by our team, we would refund you an amount upto Rs. 100 towards the shipping cost or provide you with an voucher;
(h) To request for a return, refund or exchange, please contact our customer care at (0)
9013090305 or mail us at email@example.com and we will get in touch with you.
Following are the additional requirements for specific products:
(a) For Bags: Ensure all components are intact included any beads, threads, glass motifs, zips, buckles, etc. The bags must be unwashed and there should no stains.
(b) For watches: Ensure no scratches are made. All screws, paraphernalia, stones, crystals etc., which were embedded, should remain intact and must be returned with all the original box, instructions, guarantee and any other extras or complimentary offers, if any.
(c) For glasses: Ensure no scratches are made. The frames should not be bent or twisted. All screws and any embedment should remain intact and must be returned with all the original box, instructions, guarantee and any other extras or complimentary offers, if any.
The refund, return or exchange process will be initiated only after we have received the product/s in the condition as mentioned above.
As stated You could either get a refund of cash or exchange it for a voucher. If this is not applicable, You could exchange the purchase product for a different product of the same value or a higher value. No difference will be paid in case the exchange is made for a product of a lower value. The option will be communicated either via an e-mail provided by You to us or through a contact number which You have notified us. The Company is not responsible for any incorrect or mis-leading contact details. You will have a period of 7 (seven) days to confirm Your decision to us. In the event we do not receive any communication from You then your opportunity to obtain a refund, return or exchange will lapse.
Refunds are processed in 30 (thirty) working days but in case of payments by Cheque or Demand Draft, additional days may be required to dispatch and for the funds to be credited to your account.
Apart from these, in the case the original manufacturers/producer/reseller provide any specific warranty, then, those will be applicable subject to Your compliance with the warranty terms mentioned therein. With respect to the warranty offered by the original manufacturer /producer/reseller, the Company would not be responsible or liable for the same. Your claims will have to be raised with the original manufacturer /producer/reseller. If feasible, the Company may provide reasonable assistance in this regard.
This policy is only for customers in India and we won’t be able to provide exchange, returns or refunds to our international customers due to prohibitive shipping costs.
4. LIMITATION OF LIABILITY
- D’Optikart holds the copyrights of all texts, graphics and data on this website.
- Company name and logo displayed at doptikart.in and its stores is exclusive property of company. Any entity, must take written consent of D’Optikart, to copy, re-publish, alter and distribute any of these intellectual properties.
- We intent to use pictures free from copyright. In case anyone has objection on any picture(s), please write us on firstname.lastname@example.org and after reviewing the concern, we will immediately remove the required picture.
- We can neither guarantee nor can we warrant the accuracy of the colour and description of the product. It may differ from the one on D’Optikart.in.
- Franchise owners will be directly liable for any dispute occur at their stores. D’Optikart don’t provide any guarantee or assurance to any customer of Franchise stores.
- The medical information on D’Optikart is a mere reference for customers. We would like to recommend you to consult an eye doctor regarding any kind of problem with your eyes.
- You are liable for any risk associated with your use of D’Optikart website or its franchise stores
- You will be solely responsible for any action taken by you in reliance upon the content of the website. D’Optikart is liable only for the purchase price of any item purchased by you from the website or stores
- If any kind of damage; personal injury or death; lost profit, goodwill & data or business interruption takes place due to the use of the website, D’Optikart will not be responsible for it.
- The agreement is governed by the laws of India. If any litigation arises out of this website, it shall be exclusively held in the Noida court only.
- Any provision of this agreement, if found illegal or void, will be eliminated. However the remainder will continue to hold the full force and effect.
- D’OPtikart is responsible for its direct store(s) and Website only. Franchise owners are directly responsible for any issue at the Stores.
(a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
(b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.
(c) To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
(d) Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
(e) This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.
(f) D’Optikart sells products under various brands & sub-brands (including its own brands such as OJO and others).
7. TERMS AND CONDITIONS FOR EYE TESTING APPOINTMENT
- You consent to an executive engaged by us to visit and be present at the premises designated by you for the purpose of eye testing and further, to pay any charges associated with such eye testing;
- You will be available to attend in person at the designated premises at the chosen date and time;
- The information provided by you to us while making the appointment and also the feedback and inputs provided by you to the executive is true and accurate;
- You consent to us contacting you in connection with the eye testing appointment.
- If the executive is not able to achieve 6/6 Vision (best-corrected visual acuity) in any eye
- If the executive sees any abnormality in cornea or lid (external eye structures) like scar, excessive redness, discharge, watering which are indicative of infection/injury.
- If your blood sugar or hypertension is not controlled
- If your vision is not improving with pin hole test
- If the executive is unable to get a reading with spot vision and also your previous prescription or power of glasses is not available
- Children below the age of 12 years
- Cases of glaucoma.
- External examination of the eye with torch light
- Mobility of the eyes in different gaze
- Near point of convergence assessment
- Assessment of vision
- Refractive error assessment
- Providing prescription
- Suggesting spectacle lens and frames as per your requirement.
8. SECURITY AND PRIVACY
We release account and other personal information when we believe release is appropriate to comply with law; to enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and other similar matters. You hereby specifically consent and grant permission to disclosure and transferring of information to such third parties, as maybe required.
9. SECURITY OF INFORMATION
10. CONDITIONS OF USE, NOTICES, AND REVISIONS
11. GRIEVANCE OFFICER
A cookie is a small text file that we place on your mobile device to enable various features of D’Optikart. “Cookies” are used to store user preferences and to track user trends, so as to enhance Your interactive experience and generally improve our services to You. You can change Your cookie settings to accept or not accept cookies in Your browser settings. If You do accept a “cookie”, You thereby agree to our use of any personal information collected by us using that cookie. If You do accept a “cookie”, You thereby agree to our use of any personal information collected by us using that cookie. Whenever we uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and us in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on our behalf.
13. NDNC POLICY
The Company controls and operates this Website/s from its registered office in Noida, India, and makes no representation that these materials are appropriate or available for use in other locations. If You use this Website/s from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Noida, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Noida, India. All disputes that may arise shall be resolved in Noida, India only. The courts in Noida shall have the sole jurisdiction regarding the subject matter of this Agreement.