ZENNI TERMS OF USE – WARRANTIES – RETURN POLICY
BY CLICKING "I have read and agree to these terms of use", BY CREATING ACCOUNT, BY OR USING THIS WEB SITE, YOU ARE AGREEING TO THIS BINDING LEGAL AGREEMENT. You are agreeing to arbitrate all Disputes through The American Arbitration Association in San Francisco, California.
PRESCRIPTION ORDERS
WE URGE YOU TO KEEP YOUR CURRENT GLASSES AS A BACKUP PAIR. IF YOUR PRESCRIPTION HAS EXPIRED OR IS MORE THAN TWO YEARS OLD, YOU NEED TO CONFIRM THAT YOUR PRESCRIPTION IS STILL VALID WITH YOUR DOCTOR OR EYE CARE PROVIDER BEFORE ORDERING.
WE RECOMMEND THAT YOU SEND US A PHOTOCOPY OF YOUR PRESCRIPTION WITHIN 24 HOURS OF PLACING YOUR ORDER. WE DO NOT NEED THE ORIGINAL WRITTEN PRESCRIPTION TO COMPLETE YOUR ORDER.
PLEASE SUBMIT BY:	•Email: service@zennioptical.com
•Fax: 1-415-883-7020
•Please write your Order Number on the copy of your prescription
1. BINDING AGREEMENT. This is a binding agreement. By using this Internet site located at www.zennioptical.com (the "Site"), ordering glasses, or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms and Conditions, as they may be amended by ZENNI OPTICAL, Inc., ("Zenni Optical") from time to time in its sole discretion. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and stop all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE, INCLUDING ORDERING GLASSES FROM IT, YOU AGREE TO SETTLE ALL DISPUTES BY ARBITRATION IN SAN FRANCISCO CALIFORNIA, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. ZENNI OPTICAL IS NOT RESPONSIBLE FOR THE FOLLOWING. You agree that Zenni Optical shall not be responsible for violating any provision of this Agreement and shall be held harmless as a result of any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly from: (a) acts of God, acts of any governmental agency, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network or computer intrusion, or Internet- or computer-related viruses, hacker attacks or other agents introduced by a third party, failure of the Internet and other conditions beyond our control, (b) any technical requirement for which Customer is responsible, (c) any intentional acts or omission of Customer, (d) any failure of any third-party service necessary for Zenni Optical to provide Service hereunder, or (e), any prescriber by any medical provider, MD or OD, or by any device, with or without a medical provider, that the User or Customer may rely upon to place an order for prescription eyeglasses on this Web Site, or (f) Invalid Coupon Codes that are posted by websites other than this one. These are not authorized; there are no authorized “Zenni Coupon Codes” if they do not have (1) a price that is lower than our regular low prices or (2) does not offer an offer not currently in our own ads and/or posted on our web site.
3. PRIVACY POLICY. Zenni Optical respects your privacy and permits you to control the treatment of your personal information. A complete statement of Zenni Optical's current privacy policy can be found by clicking here: PRIVACY POLICY. Zenni Optical's privacy policy is expressly incorporated into this Agreement by this reference. When you are required to open an Account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USE OF ORDER FORMS, UPLOADS, CONTESTS. Zenni Optical uses order forms available to you on the Site. These forms and use of the Web Site including Zenni Frame Fit uploaded photographs, are agreed to be licensed by you to Zenni Optical, for your personal use only and for the limited purpose of placing an order with Zenni Optical for eyeglasses. All photos, text, addresses, descriptions, calculations, and your prescription information are kept for you when you enter My Account and remain on the Web Site and can be removed by you through your account.. You may not copy or use any other photographs, text, logo(s), trademarks, illustrations, programs, systems or other features of the Web Site in any manner for any purpose other than to use this Web Site. All photographs, text and Chat discussions you may upload for use on this Web Site and in social media such as but not limited to, Blogs, Facebook and Twitter, are licensed to and subject to use by Zenni Optical on this Web Site or on or in Zenni Optical advertisements, banners or blogs. By uploading your photographs for Zenni Frame Fit ™ you agree that those copies may be legally displayed by the ZENNI Web Site.
CONTESTS: All entries submitted for participation in any contest whether or not sponsored by a co-sponsor, shall become the property of Zenni Optical, Inc. to be disposed of how we see fit. No Entry or submission will be saved or be returned to any entrant. Contest Rules provide the rules and they supersede anything herein to the contrary. Canada contest law differs from USA law and so Canada residents will be offered different terms and conditions thought they may appear to be the same Read the terms to know more.
SPECIAL SALES: “Coupons” and “Coupon codes,” “Sales,” “Free Shipping” and other special pricing and deals are as advertised only. Canada residents, due to Canada government postal pricing and other regulations, may have different offers though they may appear to be the same. Read the Terms to know more. All special sales will begin and end on the announced Start Date and Time (usually a time in Pacific Time Zone, normally ending at Midnight). All sales asking for the Special outside of the rules and validity times applicable to each will not be honored. A Sale of “Free Shipping of orders over $99” for example, will begin and end as announced.
5. ORDER PROCESS. When an order is made, Zenni Optical starts production on your glasses based on the customer choice in the order. If the customer selects to start the glasses immediately, the order will be charged and immediately submitted to the production queue. No order changes to the products will be allowed. If the customer selects to hold the order for 24 hours, the order will be charged immediately and production will be held for 24 hours. After 24 hours, the order will be immediately released for production. Your lenses are created, custom ground, and polished using the finest European machines, clean rooms and careful personal attention to each and every pair in our own factories. If you experience any difficulty please contact us.
6. CANCELLATION: Orders where the customer has chosen to hold the order for 24 hours during the order process may only be cancelled within the 24 hour delay period. For orders cancelled within this time period, a full refund of the purchase price will be issued. ORDERS CANCELLED AFTER THE FIRST 24 HOURS OR WERE SENT TO IMMEDIATE PRODUCTION BY THE CUSTOMER WILL RECEIVE A REFUND OF 50% OF THE PURCHASE PRICE. Your order information is saved in the Customer’s personal password-protected account for future use. Most USA orders are shipped from California and international orders from Hong Kong. Orders are usually shipped from these locations within 10 to 14 days from date of the order, depending on prescription type and other factors. Your order is placed for processing by a factory in China or other locations. As with all medical devices, your order is subject to government inspection, shipping delays, strikes and other unforeseeable events. Therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected.
7. THE CUSTOMER IS RESPONSIBLE FOR CORRECTLY ENTERING DATA, CHOICES: (1) Customer personal information (name, correct and complete address and shipping information), (2) Payment information (credit card number, expiry and code numbers), (3) Selection of a proper size frame, (4) proper color(s) and shading selections (such as, photochromic, clip-on etc.), (5) Pupillary Distance (PD) and (6) Accurate Prescription (Rx) information. The customer can choose to hold an order for 24 hours before production begins. Once production has started, Zenni Optical is not responsible for any data entry errors made by the customer. CUSTOM TEXT – IMAGE ORDERS; TEMPLE TEXT™ AND ACCESSORIES: For any Custom order based on the entry of your custom text, you agree that the text you submit is yours, and that you own all rights, title, and interest in all of your Temple Text™ entries to order your custom eyeglasses. You are licensing Zenni to apply your text and you agree to indemnify, defend, pay all attorney fees and costs, and hold Zenni and its partners and agents harmless from any third party claim that any text you entered is theirs.
8. RETURN POLICY. Customers have 30 days from the date they receive the package to return the product. If the customer is not satisfied with the product, the item can be returned for a 50% refund back to the credit card on the order or a 100% store credit for use on ZenniOptical.com. Accessories in their unused and original condition can be returned for a 100% refund. Store credit is only issued once per warrantied issue. If the customer is unsatisfied with the product purchased with the store credit, they can only return the product for a 50% refund to the credit card used on the order. No additional store credit will be offered for this item. Glasses returned for a manufacturing defect within the 30 day warranty period will be replaced at no charge. The only exception to the warranty period is for defects in the anti-reflection (AR) coating and photochromic films which are covered for one year from the date of customer receipt. Zenni Optical is not responsible for damage caused by customer wear and tear. If the product is being returned for a manufacturing defect, the customer must:
A. Contact Customer Service within the stated warranty period to get an RMA number. No returns are accepted without an RMA. B. Return the glasses in their entirety (frames, lenses, hard plastic case, etc) or no warranty will be offered.C.	Include a copy of the prescription as written by the doctor. Copies of the order or invoice will not be accepted.D.	Pay for the shipping fees back to Zenni Optical. If the glasses are found to have a manufacturing defect, Zenni Optical will refund $2.50 back to the credit card used on the order.
As part of PCI compliance, no refunds will be issued to any card other than the credit card used on the order. If the customer does not have access to the credit card on the order, then the amount of the refund will be issued as a store credit only to the customer account used to place the order.
9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. This means that you may not post any other person's information, data, names, trademarks or other data not your own to this site or its forms, and that you may not use or extract any data, text, photographs not yours, sounds, or other elements of this Site for any purposes.
10. ALLEGED VIOLATIONS. Zenni Optical reserves the right to terminate your use of the Service and/or the Site in its sole discretion. To ensure that Zenni Optical provides a high quality experience for you and for other users of the Site and the Service, you agree that Zenni Optical or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Zenni Optical does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Zenni Optical reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Zenni Optical believes that you have violated any of the Terms of Use, furnished Zenni Optical with false or misleading information, or interfered with use of the Site or the Service by others.
11. NO WARRANTIES NOT MENTIONED. EXCEPT FOR THE EXPRESS ZENNI OPTICAL GUARANTEES STATED ABOVE, ZENNI OPTICAL HEREBY DISCLAIMS ALL WARRANTIES. ZENNI OPTICAL IS MAKING THE WEB SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS WE SELL OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENNI OPTICAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ZENNI OPTICAL'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZENNI OPTICAL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ZENNI OPTICAL. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
12. PROHIBITED USES. The site is for input of your personal and prescription information only. You are prohibited from violating or attempting to violate any security features of the Site or Service.
13. INDEMNITY. You agree to indemnify Zenni Optical for certain of your acts and omissions that violate this Agreement or the law. You agree to indemnify, defend, and hold harmless Zenni Optical, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, any false, disparaging or defamatory statements, as well as any other user of your account. Zenni Optical will notify you promptly of any claim, loss, liability, or demand.
14. COPYRIGHT. All contents of this web site are: Copyright© 2010-2013 Taojing, International, All rights reserved. The trademark ZENNI® and ZENNI OPTICAL® AND the Eye-shaped stripped logo ® are the exclusive property of Taojing International, Limited.
15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
16. SEVERABILITY; WAIVER. If, for whatever reason, 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.
17. U.S.A. BASED SITE. The Site is controlled and operated by Zenni Optical from its offices in the States of Oregon, California and other U.S.A. locations. Zenni Optical makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in your location. Your use of or access to the Site should not be construed as Zenni Optical's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.
18. ATTORNEY FEES. In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs of suit or other proceeding.
19. MODIFICATIONS. Zenni Optical may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, Products offered and/or the Service; and (c) discontinue the Site, products offered and/or Service at any time.
20. ARBITRATION: I, as a customer of ZENNI OPTICAL and Zenni Optical, Inc, hereby submit any disputes with Zenni Optical and its licensees and assigns to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in San Francisco California, any claim, controversy, or disagreement regarding the use of this website, orders, processing, fulfillment, products or their use, or any other issues arising out of this Agreement or use of this Web Site and its products and services. I further agree that the above controversy may be submitted to 1 Arbitrator selected from the panels of arbitrators of The AAA. I further agree that I will faithfully observe this agreement and the Rules and that I will abide by ad perform any award rendered by the arbitrator(s) and that judgment of the court having jurisdiction may be entered upon the award. I agree that the award may be reviewable by the courts of San Francisco, California jurisdiction if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of California and perform any reward rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award. I agree that award may be reviewable by the courts of San Francisco, California if the arbitrator, in the opinion of any party hereto, has failed to observe rules and laws of the State of California. Notwithstanding this Agreement to arbitrate, if either party needs to obtain any form of Equitable Relief such as an injunction to protect any of its Intellectual Property or enforce Trade Secrets, such party may file in Court at San Francisco, California, to do so.
21. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
22. NO NOTICE OF CHANGES TO POLICY. From time to time and at its sole discretion, Zenni Optical will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
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