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EyeglassUniverse.com

General Terms of Service & Conditions of Site Use

EyeglassUniverse.com is a site operated by Midwest Optical Associates Inc.  EyeglassUniverse.com (hereinafter referred to as the “web store”) is operated by optical and business professionals with decades of relevant experience and provides an excellent variety of optical products at some of the lowest prices in the world.  These include designer names and quality budget choices from respected names in eyewear.  Consumers will also find the web store is an ideal place to find information to aid in the purchase of optical goods, especially optical products with prescription lenses.  Our goal, our mission, when you “Come to the Universe” is to help you get the best eyewear value in the universe.  To that end we have worked hard to make the web store experience on our site to be different and unique and to make the process of finding and buying eyewear easier and more enjoyable than is found at other sites.  Moreover, by providing some of the best eyewear values in the universe, with simple step by step buying processes that streamline the experience, and pledging to pursue your happiness as much as our own, you won’t find a better place to buy prescription and non prescription eyewear in the universe.

These general terms and conditions of use are made a part of your buying and web store experience. At the point of entering our site and through the purchase every order you acknowledge and accept the General Terms of Service & Conditions of Site use.  You must accept these terms and conditions at time of purchase as a prerequisite of your order processing and completion.  While you are free to peruse, look around, and kick the tires (so to speak), use of our web store requires you to accept the terms and conditions of use of this site and our terms of service.  It is up to you to understand what is contained herein because these policies will govern how we work to make you happy with your experience with our web store and EyeglassUniverse.com.

Customer Conduct

The customer and site user is prohibited from engaging in any activity that will prevent, restrict, or inhibit any other user from feeling comfortable using this web store.  We have an open policy of encouraging every lawful person to use our site free of harassment of any kind.  When any user of our web store acts in a way to harass, embarrass, threaten, abuse, or defame any other user of our web store with derogatory, vulgar, profane, obscene, hateful, sexually explicit, racial or ethnically inflammatory material posted on any method of display or communication linked to this web store, we consider that to be an offense that intends to limit civil liberty and we’ll take all reasonable action to remove the material and prevent such material from appearing again.  Moreover, some actions may rise to the level that will require that we share the posting with law enforcement officials in appropriate jurisdictions including the identity, as we know it, of the offending web store user.  When user conduct rises to a level that suggests criminal intent or if we believe a criminal offense could occur, we will not hesitate to refer the offense to the authority of law enforcement officials.

If we should detect that a user of this web store has tampered with the contents of this site, or if we come into possession of information that suggests such conduct, we will refer the information to law enforcement officials for action.  We hereby expressly specify that no user is granted a right to tamper with the web store in any way and any such incident of such is a criminal offense that will be prosecuted by site administrators to the fullest extent permitted under law.  We consider copying out site content, parsing site code, copying its source code for the purposes of revealing design or trade secrets is expressly prohibited and shall be considered a criminal offense strictly prohibited under United States and International copyright laws.  As a site user you agree to refrain from reproducing, copying, duplicating, or extracting source code or content from this web store for any purpose without first obtaining advance written permission from the site administrators to conduct such an operation.  The user of this web store is granted permission to access the site features, content, and functionality through the interface provided by the site administrator for personal and not-for-profit purposes in the conduct of their personal buying activities.  Commercial use of this site is by license only and is only granted in advance by written agreement with the owners of the site and web store.

Customer Interactions with the Web Store

The site and web store are provided for your personal, non-commercial use.  When and where required, the personal information we require to complete transactions you request of us must be entered accurately and must be complete and as current as required for the web store optical professionals to conduct their job without risk of violating professional standards and canons of conduct.  If you provide information to this web store that is inaccurate, untrue, incomplete, or suspicious when judged by competent professionals, EyeglassUniverse.Com reserves the right to refuse service and reject your product and service request and order.  Furthermore, any single act we detect of the aforementioned will result in the suspension of web store privileges and the refusal to accept further site service and product orders from you and/or others who use your computer.  In some jurisdictions is it a criminal offense to attempt to obtain medical services under false pretenses.  Other important considerations about this segment of the terms and conditions can be amplified and expanded by reading the Privacy Policy (web link) elsewhere on this web store.

User Requirements when Purchasing On our Web Store

When you attempt to purchase prescription eyewear on our site you do so under the obligation that accurate and complete information is required to successfully and professionally fulfill your order.  You specify at the time of purchase when you check “I accept the terms and conditions of sale” that the prescription you enter is accurate, current, applies to you, and matches the prescription details given to you by your eye care professional.  You agree that buying from EyeglassUniverse.com doesn’t alter or amend specific eye care instructions given to you by your eye care professional and does not obligate us to reiterate instructions given you by your eye care professional.  You specifically agree and consent that licensed opticians will verify your prescription details with your eye care professional to confirm your data entry, confirm any special conditions that may exist that we should be aware of, and to generally help assure that your request can be complete accurately and within ANSI specifications and tolerances required to meet optical standards of excellence we adhere to.

We suggest that you obtain your written prescription details at the time of examination.  Laws in the United States (most states) specifically dictate that you are entitled to your prescription details.  If you have been fitted for eyeglasses by your eye care professional they may also have determined other specific measurements that will be required to purchase eyeglasses from online eyeglass shops.  One such measurement is your PD, or pupillary distance (which is the distance from the center of the pupil in one eye, to the center of the other eye in millimeters).  Make a point of obtaining this measurement.  Another measurement that may be required will vary with the selection of eyeglasses you choose.  It is referred to as the seg height, or segment height.  Seg height is influenced by how you wear your glasses – say high on the nose bridge, or down lower – and the “B” measurement of your glass lens opening in addition to the ED measurement (diagonal measurement of the lens opening in the frame.  Having the Seg Height is also valuable in making your glasses the most accurately as possible.  We refer you to our help section for tools on how to determine your own PD measurement and how we can help you.  In absence of specific PD measurements, or Seg Height measurements in the case of multifocal lenses, EyeglassUniverse.com will assume average PD numbers and estimate the Seg Height (in the case of multifocal lenses).  As a user of our site your specifically agree that if you do not provide the measurements requested we will assume average measurements and manufacture your glasses based upon these standards for measurement.  If we use average measurement for PD and Seg Height, EyeglassUniverse.com shall not be made responsible for the final optical quality of manufacturing your lenses and eyewear purchase.  Lenses and eyeglass frames will not be considered defective if we manufacture the products to the average specifications in lieu complete and accurate measurements.  Consequently, we reserve the right to refuse to fulfill the order and manufacture the lenses based solely upon the opinion of our optical professionals that the user will be unhappy with the delivered products.  We will notify you of this opinion after the order is evaluated and prior to manufacturing and fulfillment.

Product Descriptions, Images, Measurements and Narrative

We endeavor to provide accurate and useful information on the products and services we make available through our web store.  We provide a number of helpful guides which you can find in our Help section that will help you choose lenses and frames that suit your shape and size and your lifestyle.  Describing the various products is done as accurately as possible including the representation of colors.  You should assume that colors are general descriptions since the computer monitors cannot always accurately render color exactly as it exists on the real product once it is in hand.  Any representation of color is done without warranty and the web store user assumes responsibility for color among their many choices. 

EyeglassUniverse.com assumes no responsibility for the suitability of any product for the user and their circumstances, and cannot be responsible for the information presented in the web store.  Should a product not meet the specifications provided by the manufacturer the sole remedy for the web store user is to return the glasses to EyeglassUniverse.com within seven days of receipt in an unused and unaltered condition shipping prepaid subject to all other conditions specified in the return merchandise policy of the web store.

Limitation of Liability

Liability may arise from a number of situations for which EyeglassUniverse.com will not be held responsibility for personal injury or damage to property.  Except as otherwise expressed, product warranties are by their manufacturers and no representation to the contrary inferred from our policies and descriptions found on the web store shall be constructed to insinuate otherwise unless an Extended Lens Service Option (ELSO) is elected as a part of your lens and frame purchase.  Those terms apply separately to your purchase notwithstanding the terms of this policy otherwise.  Eyeglasses purchased through the functionality of the web store rely upon the accuracy and veracity of the information provided by the web store user.  EyeglassUniverse.com cannot assume liability and responsibility for the suitability of any purchase for the web store user based upon specific conditions, personality traits, vocation, avocation or other circumstances beyond providing the service of furnishing optical products to the web store user.  Final determination of suitability of a product for the user is the responsibility of the purchaser.

Web Store Management and Continuation of Access

We reserve the sole and exclusive right to monitor the site electronically.  We may terminate the right of any user to retain or maintain access to the web store for any reason we deem within our sole judgment to be in the best interests of the owners of EyeglassUniverse.com.  We may exercise this right without advance notice of any kind for any conduct that it determined to violate another user’s right to quiet enjoyment of the services of the web store or which may be, in our sole determination, a violation of applicable laws.  We may make this election to protect our interests, the interests of another user, or other third party interest that we can protect in our sole and absolute discretion.

Furthermore, we reserve the right to refuse any order for products and services in the interest of furthering the user relationship with the least possible cost to all parties concerned.  If your purchases from our site are deemed to be for resale purposes, we may elect to refuse your orders.  However, if you wish to utilize our site for resale of our products, refusing your orders does not have to occur with proper authorization and verification of credentials established between the parties.  If you plan to resell products purchased from out site please contact us for special arrangements.

Applicable Terms, Law & Jurisdiction

We are confident that images and content found on our web store can be found elsewhere.  We represent that we have a legal right to display the content and images, or that we have agreements that permit us to display the content found on our site.  We make no representation that all content found on our web store is legally permitted in every place in which it is viewed.  Within the United States, the content is legal and permitted and the user takes responsibility for the content displayed when viewed outside the United States.  All claims that may arise out of the products and services of EyeglassUniverse.com shall be governed by the laws of Ohio and any laws of the United States of America that may be applicable within Ohio courts of competent jurisdiction.  Users of the web store hereby accept the exclusive jurisdiction of Ohio Courts and accept them as the venue for any and all claims of liability that may arise between the user and the administrators and owners of the EyeglassUniverse.com web store. 

Intellectual Property Protection

The right and title to the various intellectual properties employed on our web store remain the properties of the companies with which we do business and our use of their images, logos, colors, and designs is with permission.  This includes the right and ownership over business slogans and terminology that describes the product and technology owned by others. 

Your use of our web store does not constitute a license or permission in any form to use any of the trade and brand marks of this site or the companies and products we represent through our site.  Moreover, all content, designs, colors and certain text and the words EyeglassUniverse.com are trademarks or service marks of this web store and no right to use them is granted in any form.  Furthermore, site source code, contents, designs, graphics, text descriptions and the graphic arrangement of information on our site is copyrighted and no permission to use the information is granted in any form.  We also consider it a theft of intellectual property to compile, list, or publish a data file of site contents or create or publish site contents generated from such a compilation into another website that contains substantial parts of this web store without our permission unless it is expressly granted by the site owner and administrators.

Order Processing and Cancellation of Orders Submitted

Generally, orders enter processing and manufacturing within three hours of receipt and some orders may begin preparation within minutes of receipt.  Orders submitted through the EyeglassUniverse.com web store cannot be cancelled once submitted. 

Changes may still be possible after an order is submitted and accepted through the web store.  If a change to your order is necessary contact the web store via the following email address immediately and we will consider whether we can change the processing of your order on an individual basis.  Send a request to:  orderchange@eyeglassuniverse.com.  Include in your email the requested change and ask for special handling.  Unfortunately, we cannot guarantee that we can intercept your order and make changes requested but we aim to consider your request where possible.

Timing of Order Processing, Shipment and Delivery, Shipping Method

The prices we display on the web store do not include shipping.  You must choose a shipping option prior to checkout.  We cannot guarantee shipment arrival time or the time it takes our suppliers to fulfill material requests to satisfy your order.  You hold us free of liability or obligation to time service.  What follows is general time and shipping service information only.

We endeavor to manufacturer your eyeglass order in the shortest time possible.  When you check out at the web store you can optionally select alternate shipping methods.  We follow a few simple security-minded rules regarding orders and shipments.

  • Orders can only be sent to addresses that match the billing address on file with the credit card provider.  Exceptions for this rule must be made in advance of the order so that glasses can be delivered to children at school or military members at their posts, as examples of acceptable deviations from this policy.  You should also contact your credit card provider and advise them of your desire to ship to alternate addresses so that your credit card payment is not intercepted by their security practices and to help prevent your order from being rejected.

  • We’ll ship orders around the world to verified card addresses.  Shipping time can vary substantially for addresses outside the United States.  See the following chart to estimate how long it will take your order to arrive beginning on the day after the order is received:

    Product                        Processing          Manufacturing  Standard USA    Rush Service      Rush

                                       Time                      Time                      Ship Time *         Available              Fee **

    Single Vision               1-3 days               1-3 days               3-5 days               Yes                         $25

    Stock Range

    Single Vision               1-3 days               2-5 days               3-5 days               Yes                         $25

    Extended Range

    Multifocal                    2-5 days               2-5 days               3-5 days               Yes                         $30

    Specialty                     5-7 days               5-7 days              3-5 days               Maybe-Call Us         $35

    Lenses/Sport

    Safety

    International Orders can take 21 days or more for processing, shipping, and delivery

  • 48 lower continental states.  Shipments to AK and HI please allow additional time and cost.

    **   Rush fee applies to expedite processing and handling and cuts processing and manufacturing

            time by about half of normal time required.  The order receives priority handling.  Rush fees

            do not include expedited shipping.  Expedited shipping is available for an added charge.

  • You should have your order, in most cases, within 10 days of payment confirmation and order from our web store.  We will notify you along the way of the status of your order.

  • Shipping is $6.95 for all domestic orders including insurance for standard shipping.

  • International shipments are charged a minimum fee of $30.00 for standard shipping.

  • Expedited Shipping is calculated at time of purchase and is actual cost.

  • VAT taxes are not included.  VAT and other local taxes are the web store user’s responsibility.

  • State Sales Tax applied where required.  If any State or US Federal Government agency requires online web stores to collect and remit tax to state or federal authorities as a part of your purchase, this tax shall be added on every order and forwarded to the taxing entity.

  • Any FDA assessed excise tax imposed by the Affordable Care Act shall be added to online optical orders when or if required.

  • You may elect the following optional shipment methods at the additional costs shown. 

    Domestic Shipping/Expediting – Additional Cost

    Method                                                            Additional Cost                             Time Saved (approx)

    FEDEX or UPS 3 day                                         Use Shipping Calculator                 2 days

    FEDEX or UPS 2 day                                         Use Shipping Calculator                 3 days

    FEDEX or UPS Standard Overnight                     Use Shipping Calculator                 4 days (average)

    In certain cases we may elect other carriers to assure the best time service to locations within the lower 48 states, Alaska, Hawaii, Mexico and elsewhere as determined in our sole discretion. 

    Taxes, Taxation, Tariff or Governmental Fees

    Government fees, taxes, or tariff, regardless of where assessed, are not included in the price of any item sold on our web store and all taxes remain the responsibility of the buyer using our site.

    In the United States of America, where required, we will collect applicable sales taxes for the jurisdiction or governmental subdivisions where the buyer is located including any future federally mandated or required sales or value tax assessed on internet sales 

    Other Terms and Conditions of Us 

  • The user of our site for purchases warrants they have attained a minimum age of eighteen (18) years.

  • These terms and conditions do not alter other rights you may have under laws of the USA.

  • We reserve the right to record phone calls for any legal business purpose.

  • If you are considered blind or partially sighted, refrain from using the web store.  Contact us by telephone for a conversation about how we may help you.  Our caring and experienced opticians can help.

  • If you are ordering on behalf of someone else, you warrant a legal privilege to act, speak, or obligate on behalf of the person for whom the eyeglass purchase is being made.  If the Rx’ble eyeglass purchase is a juvenile, indicate you are acting as parent or legal guardian in notes.  If the eyeglasses are for an adult (age 18 or older), indicate that you are acting with power of attorney or as legal guardian in the notes/remarks section.  We reserve the right to request verification.

  • If for any reason you attempt to refuse delivery of the processed merchandise by rejecting delivery or attempting to reverse credit card charges after the order is entered into our system, you subject yourself to all additional costs we may incur in collecting for services and products rendered to satisfy your order including legal expense.  Simply returning the order or refusing to accept delivery is not sufficient grounds to reduce any charges you have incurred.

  • In every instance where liability is alleged our total liability whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services from which the claim is alleged to have arisen and this provision shall not withstand liability which by law we are not permitted to limit or exclude.

  • This contract is with the patient using our site.  If the patient is a minor or subject to power of attorney or legal guardianship, this contract is both with the patient for whom the eyeglasses are purchased, and with the legal guardian, including parent(s).

  • Inherent in our service is the possibility that a portion of the services we deliver are actually provided to us for you by others we contract with.  Nothing herein shall be construed to limit us from transferring or assigning any portion of the order requests received via our web store to others for completion.  If we assign responsibility to others for a part or all of the service required to fulfill your order request, EyeglassUniverse.com will honor all obligations under this agreement and be responsible for fulfilling your order in all other respects.

  • The images and descriptions are general in nature and may vary from the actual product in minor ways.  When ordering from our web store you accept that minor differences exist from descriptions herein and from the actual product.

  • We will not satisfy your order with any product you did not choose without first obtaining your consent.  We will notify you by email when a change is needed or suggested when a product is unavailable, out of stock, or when there is a material difference from what was ordered.  If you fail to contact us within ten (10) days of our request for guidance on your order, we will cancel your order without any further obligation.  We reserve the right to upgrade lens material choices you have made during the ordering process to the next best index of the plastic material when we choose as a courtesy to our patient without any additional cost.  All warranty or customer service will be based upon the original lens purchased.

  • Once you place an order you represent that you have acted and accepted our terms without reliance upon verbal assurances in any form that you later allege to have been made by us.  What is written here is our policy and unless you have any alleged deviation from our policy in a written form signed by an owner or manager of the web store, it is unenforceable.  All agreements we make are made in writing if they conflict with our written policies herein.

  • Our products and services are designed for the end user/patient.  Any unauthorized reselling or redistribution of our products is prohibited in every respect.

  • We accept payment via Mastercard, Visa, Discover, and American Express (AMEX) and Paypal when offered.  We will accept money orders and cashier’s checks mailed to us in advance as payment subject to an additional delay of fifteen (15) business days for clearance of funds.  You'll need to contact by phone to make arrangements for use of the money order or cashier's check payment option and we'll enter your order manually from our offices once the payment is received.

    The Pursuit of Happiness – When All Else Fails

    In all our business dealings we pursue a mission of professionalism and fair play.  We call it a “pursuit of happiness.”  While it is too simple to say that if you are not happy – we are not happy, it is a mission that drives us.  When it is possible to bend in favor of our customer without impairing our overall fairness to ourselves, we will make that choice every single time.  Any bending we do is at our discretion and a decision that is made for singular events and circumstances and shall never be binding in our relationship with any other customer or patient in other transactions with EyeglassUniverse.com; nor shall any such deviation be applicable to any future purchase transaction between EyeglassUniverse.com and the purchaser/patient with whom the deviation of policy was granted in writing for any purchase event.  Any decision we make to deviate “in the pursuit of (your) happiness” shall be rendered in writing and made to resolve any differences or disputes that exist between you and us.