TERMS OF USE

This website is owned and operated by Care Optics (hereinafter referred to as www.goyalchashmewale.com). Please read these Terms of Use carefully before using this website. If you do not agree to these Terms of Use, you may not use this website. By using this website, you signify your explicit assent to these Terms of Use as well as the website's Privacy Policy (which is hereby incorporated by reference herein). The Terms of Use set out the legal binding terms of services available on the website as well as the terms of use of this website. These Terms of Use, along with the Privacy Policy, extend to both users, who visit the website but do not transact business on the website ("Users / Guests") as well as users who are registered with the website to transact business on the website ("Members"). The Company reserves the right to modify or terminate any portion of the website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of changes, if any. Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries.

DEFINITIONS

"Frames" means the frames that are predesigned that are available for sale on our website. Please note that all Frames are sold on "as is" basis. "Lenses" are defined as the visual element in the frames. Members can select Frames and Lenses separately to create customized Eyewear.

DESCRIPTION OF SERVICES

This website provides access to pricing, news and other information services related to Frames and Lenses. Certain Services available on this website are for the use of Members only. Please note that some of the terms under these Terms of Use, differ for purchases for personal consumption and for investment purposes. This website offers services for Members who wish to purchase Frames / Lenses for personal consumption. The website can also feature the recommendations of a trained eyewear consultant. Recommendations of the consultant are not guaranteed under any circumstances and the Company shall not be held liable for any loss and/ or damage suffered by Members who rely on such recommendation.
Lens number will be shared by Customer for the creation of Specs, If the Lens number shared by customer is incorrect, in that case Company will not be liable for it hence Specs will not be returned.
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes, the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. The Company shall not be liable for any legal action on this account.

Access to www.goyalchashmewale.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

YOUR CONDUCT

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not www.goyalchashmewale.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

• • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
• • to cause annoyance, inconvenience or needless anxiety

CLAIMS AGAINST OBJECTIONABLE CONTENT

www.goyalchashmewale.com operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by email. Once this procedure has been followed, www.goyalchashmewale.com will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.

COPYRIGHT, AUTHOR’S RIGHT AND DATABASE RIGHTS

The website template is a free Colorlib template, rest all content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.goyalchashmewale.com, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of www.goyalchashmewale.com and its affiliates and is protected by laws of India and international copyright and database right laws. You may not systematically extract/ or re-utilize parts of the contents of the website without www.goyalchashmewale.com and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without www.goyalchashmewale.com and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (e.g.: prices and product listings) parts of this website without www.goyalchashmewale.com and / or its affiliate's (as may be applicable) express written consent.

DISCLAIMER

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. You have a written and valid prescription from a doctor regarding your prescription glasses or lenses and the information supplied to the Company will be accurate. You consent to the Company contacting your doctor to verify the authenticity of the prescription if required. That any non-delivery or wrong delivery of the Products by the Company due to error in the information provided by you, then, any re-delivery cost in addition to the initial cost will be billed to you. All information provided by You including your contact details, name and address, bank or credit card details are yours and authentic and there is no misrepresentation or fraudulent act from your end. That before placing an order you will check the Product description carefully. By placing an order for a Product You agree to be bound by the conditions of sale included in the item's description. You agree and understand that Your right to access and use the Services offered on this Website is personal to You and is not transferable by You to any other person or entity.

You understand that You are authorized to access and use the services only for legal and lawful purposes. You further undertake and state that by using the services you are in no way impersonating or misrepresenting any person or entity. All services availed are for yourself only. In the event you are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in anyway to any person or entity.

Any changes in your registration information must be duly updated by you. Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We at the Company utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a user of the Website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to your use of or inability to access the Website.

ORDER

Retail Purchase

Any Member who wishes to purchase an item from the website can either:

1. 1. Add the selected frames directly to the shopping cart; or
2. 2. Customize eyewear by adding lenses to a frame that is expressly stated as customizable on the website and then add the item to the shopping cart
In the event of a User wishing to make a purchase, the User may be required to register on the website before adding the item(s) to the shopping cart. The Members shall also provide any other mandatory information required under law like Personal Account Number (PAN) at the time of purchase. Orders are normally considered complete only after the payment has been received by www.goyalchashmewale.com. Once the purchase of item(s) is confirmed, www.goyalchashmewale.com will fulfill as per below scenarios:
1. 1. In the case of customized eyewear - order for the lenses, set it on the frame and deliver it to the Member; or
2. 2. In the case of Frame - deliver it to the Member.
3. 3. In the event the bank rejects to honor any payment transaction made by a Member towards an order, www.goyalchashmewale.com shall have the right to refuse to ship the order to the Member without any liability whatsoever.

Product Availability

www.goyalchashmewale.com may not own any/some of the products listed on the website. There is a possibility that the item ordered by the Member might have been sold out since the listing on the website might not be available at that point of time. In the event the product(s) get(s) sold in the market before making the payment/sealing the order, www.goyalchashmewale.com will call the Member and suggest an alternate product. In case the Member chooses a new product, www.goyalchashmewale.com shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, www.goyalchashmewale.com shall refund the excess amount to the Member in the manner specified below in this Terms of Use. In rare situations, data may be inaccurately displayed on the website due to system errors. www.goyalchashmewale.com reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the website are fixed and not negotiable.

Shipping & Delivery

At the time of placing the order, the Member shall state the full name of the recipient as stated in his / her (recipient's) government approved photo identification. At the point of delivery the recipient shall collect the product, by furnishing any one of the following government approved photo identification card:

• • Aadhaar Card;
• • Driver's License;
• • Permanent Account Number (PAN) card;
• • Voter's Identification card; or
• • Passport.
The company will ship your order within 7 working days. Order can take 4-7 working days to deliver after shipment. Delivery shall be made by the Company / courier agent only after the photo and name of the recipient is verified and confirmed by them. To ensure safe and secure delivery of the package the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification. In case the Member wants any other person to receive the delivery on his/her behalf he/she needs to specify details of the same at the point of ordering. All items shall be delivered directly to such person and under any circumstances whatsoever; the Member cannot change the recipient details after the order is processed.

All shipping charges and other local charges shall be borne by the Company. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If the recipient has any concerns after receiving the package, the delivery personnel will not take it back with him. The recipient can contact customer support or place a request for exchange.

The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The Company is not liable to the Customer/recipient for any replacement, under any circumstance, for any subsequent complaints with respect to such deliveries.

If the recipient is not available at the time of delivery, the Company/courier agent shall try and deliver the item thrice before returning the same to www.goyalchashmewale.com. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.

Guarantee for delivery made by the Company is subject to terms and conditions of the courier company. Any inconsistency/errors in name or address will result in non-delivery of the product.

Cancellation and Refund

The Company expressly disclaims any guarantee of exactness as to the finish and appearance of the final Product/s as ordered by you based on the display on the Website/s. The quality of any Product/s, Services, information, or other material purchased or obtained by you through the Website/s may not meet your expectations. There may be alteration with respect to you order. This will be intimated to you by the Company. If you do not agree with the same, the Company will provide you an opportunity to either receive a full refund or a voucher to be redeemed against the purchase of the alternative Product of the same value. Title and risk of loss for all Product/s ordered by you shall pass on to you upon the Company’s shipment to the shipping carrier. The Company will make the delivery on a ‘best effort’ basis after acceptance of your order. Subject to events beyond the Company’s control, the Product/s will be shipped within 7 days of the acceptance of the order. The Company will communicate the dispatch details to you and will ship the Product/s to the mailing address provided by you while placing the order. If you do not receive the Product/s within a reasonable period of time, you should immediately notify the Company. You have an obligation to forthwith check the Product/s for accuracy upon receipt of the same. The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to you. Any such cancellation shall be at the sole discretion of the Company and you will have no right to contest the same. The reasons for cancellation could be due to non-availability of the Product/s, in accuracy in Product or pricing information or due to reasons of any fraud or wrong usage of payment mechanism adopted by you. Any cancellation will be intimated to you by the Company. In the event you desire to cancel any order, then, such cancellation must be done prior to the dispatch of the Product/s to you. Once dispatched, the Company will not accept any cancellation request from your end.

The product is manually checked by the employee of www.goyalchashmewale.com and hence will not be returned or replaced after delivery. You are solely responsible for checking your order thoroughly before ordering as the company will not entertain return or replacement for any issues.

MISCELLANEOUS

1. (a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
2. (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.
3. (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.
4. (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.
5. (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.

Jurisdiction

The Company controls and operates this Website/s from its registered office in Jaipur, 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 Jaipur, 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 Jaipur, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Jaipur. The courts in Jaipur shall have the sole jurisdiction regarding the subject matter of this Agreement.