1. Acceptance. By using our services you agree and accept the below terms and conditions. By accepting these terms and conditions you understand that they substitute all previous verbal or written agreements and/or statements concerning the merchandise and services. Any agreement with our sales persons, agents or representatives is not binding as they do not have the authority to alter, add or waive any of these Terms. Any alteration or addition will not hold us liable unless we agree to them in writing.
2. Prescription Ordering. During the ordering process you must provide us with your prescription or your existing pair of lenses so that we can read off or “neutralize” a prescription off of the existing pair. If you are providing us with a prescription, the prescription must be provided to you by a registered medical practitioner or registered ophthalmic optician after an eye exam within the last 2 years. If you are unsure of your specific prescription, please consult a registered medical practitioner or registered ophthalmic optician. Prescriptions neutralized from existing pairs of lenses are not warranted for accuracy.
3. Prescription orders by Minors. You must be over the legal age of 18 and entitled to purchase prescription glasses. Your name must match the prescription prescribed to. Providence Optics does not process 3rd party orders.
4. Pupillary Distance (PD). Providence Optics strongly urges all customers to have their Pupil Distance (or PD) measured by their optometrist or an optician. We are not liable for any glasses that are incorrect due to incorrect PD measurements. No warranty or credit will be given. IF NO PUPIL DISTANCE IS GIVEN, AND SALE IS FINALIZED, CUSTOMER AUTHORIZES PROVIDENCE OPTICS TO USE A GENERAL AVERAGE PUPIL DISTANCE OF 63MM TO FILL PRESCRIPTION.
5. Deliveries. All delivered via USPS priority mail, unless otherwise specified (i.e.: express shipping) With the exception of express shipping, estimated shipping time is 7-10 business days. All goods will be insured by USPS at Providence Optics’ expense. All goods will be tracked via the USPS website and tracking information will be provided to the customer. DELAYS. Providence Optics is not liable for any for any shipping delay via USPS; however, Providence Optics will notify you in the event there is a delay in the manufacturing i.e. breaks in the lens. Such extended delay will be compensated for.
6. Inspection Upon Delivery. If the goods are damaged or missing, please contact us immediately, and refrain from using the goods. Every item will include confirmation of the prescription. If the prescription does not match the ordered prescription please contact us, and refrain from using the goods. Customer has 7 days after receipt to notify us of discomfort (assuming Rx is correct). Providence Optics shall not be responsible for any damage or injury caused by the glasses. See §10 below.
7. Merchandise Returns. Costs of returning defective or broken eye wear will be at your expense, unless caused by our negligence.
8. Costs and Payment Methods. All prices are listed on our website. You will pay the specified price upon placing the order. We accept the following Credit Cards Visa / Mastercard / American Express/Discover. Credit Card payments are subject to authorization by the Credit Card issuer. If authorization is declined, we will not be held liable for non-delivery of any ordered goods.
9. Satisfaction Guaranty Return Policy. Customer has 14 days from date glasses received (per USPS) to return glasses, for a full refund (excluding shipping). Customers who sent in their frames to have new lenses put in are NOT eligible for refund. Frames purchased from our website can be exchanged for like products or upgraded and charged difference or returned. Customer must contact company.
10. Waiver of Liability. Providence Optics shall not be held responsible or held liable for the foregoing acts or omissions, unless caused by Providence Optics negligence. In no event shall Providence Optics, affiliates, subsidiaries, employees, agents, or subcontractors be held liable for indirect, incidental or consequential damages as a result of any act or omissions herein. In the event incorrect misrepresentation and/or falsification of prescription information, not provided by a licensed Ophthalmologist or Optometrist, Providence Optics will attempt to contact the prescribing Ophthalmologist or Optometrist to verify the information provided by the customer.
a) Prescription information is entered incorrectly by electronic means or human error;
b).Customer's prescription lenses were made based on incorrect pupillary distance (PD) measurements (§4);
c) Costs of replacement or repair of old and fragile frames broken during the process of creating lenses;
d) Shipping delays;
e) Loss or damage to goods during transit to customer. All goods shall be FOB destination.
f) Injury or loss inflicted to person(s) from wearing or using eye wear.
11. Tort Liability. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud or any other liability which by law we are not permitted to limit or exclude.
12. Insurance. If patient is not reimbursed for insurance claims, we do not accept any form of insurance or medicare at this time.
13. Flex Spending. We accept flex spending. Customer is responsible to submit proper paperwork to their FSA provider in a timely fashion. We provide copy of receipt within 24 hours of request.
14. Maximum Liability. Aggregated liability to you in connection with any physical damage caused to your property through the negligence of us (or our employees, agents and subcontractors) will not in any circumstances exceed $1,000. In all other cases, our total liability (including our employees, agents and subcontractors) whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services to which the claim relates.
15. Warranty Provisions. All warranty claims must have an RMA (Return Merchandise Authorization) number given to them by Customer Service in order to receive credit.
a. DOCTOR’S CHANGE all doctor changes in prescription must be made within 30 days of receipt of glasses (based on when USPS tracking states package was delivered). Glasses to be remade must then be received no later than 10 days after initial claim is made
b. WRONG PRESCRIPTION MANUFACTURED all prescriptions are checked at least 3 times by certified opticians/lab technicians prior to shipping. If for whatever reason glasses are received by customer with incorrect Rx, we will remake at no cost (including shipping). Customer must notify Providence Optics within 10 days of receiving glasses (based on when USPS tracking states package was delivered) of incorrect Rx, and we must receive glasses within 10 days of notification.
c. SCRATCH WARRANTY all lenses are treated with scratch coat and have a ONE TIME, ONE YEAR warranty from date glasses are received (based on when USPS tracking states package was delivered). NOT included in scratch warranty are the following: negligence (i.e. drop, chewed, run-over, stepped on, etc) Basically, normal wear and tear. Customer must notify Providence Optics prior to one year mark and glasses must be received 10 days from notification.
d. ANTI GLARE COATING WARRANTY lenses with anti glare coating carry a ONE TIME, ONE YEAR warranty on lenses for crazing (peeling), wear and tear scratches, or overall defective coating. Customer must notify Providence Optics prior to one year mark and glasses must be received 10 days from notification.
e. FRAME WARRANTY frames purchased from Providence Optics carry a ONE TIME, ONE YEAR warranty except for lost or stolen frames.
f. FRAME WARRANTY FOR PATIENT OWN FRAME customers who opt to send us their existing frame do so at their own risk. Providence Optics assumes no liability for damage to frames during shipping, processing, or return shipping. Providence Optics goes to great lengths to ensure customer frames are protected at all times and handles all frames with care. Older frames that exhibit extraordinary wear and tear (cracks in frames, worn barrels, corroded metals, etc) can be rejected due to fragility. Providence Optics will offer a 5% credit to customers whose frames are damaged and must pick new frames from our website.
g. TRANSITIONS™ WARRANTY transition ™ lenses are under warranty for one year from date glasses received (based on when USPS tracking states package was delivered). Warranty only covers defects to transitional properties. Coating and scratch warranties apply separately and are listed above.
h. POLARIZED WARRANTY polarized lenses are under warranty for one year from date glasses received (based on when USPS tracking states package was delivered). Warranty includes peeling of polarized film, cracking, etc. Coating and scratch warranties apply separately and are listed above.
I. PHYSICAL DAMAGE TO A LENS NOT COVERED UNDER ABOVE WARRANTIES (i.e. chipping cracking, etc)
a) Damaged from shipping must be notified within 24 hrs of receiving package and must be returned for repair within 10 days of notification
b) Any time after 24 hour time frame
1. Following material no warranty for chipping, cracking, etc: CR-39 (AKA Plastic lens, AKA Basic Lens).
2. 30 day warranty for all other lens materials
16. Assignment/Transfer. You may not transfer, assign or convey this contract to any other person. However, Providence Optics may transfer, assign or subcontract the contract or part of the contract to any third person or company.