Terms & Conditions

Izex opticals Private Limited (“Izex Opticals Private Limited”) is an authorized Distributor of eyewear and eyecare products under the “IZEX” trademark / logo (“Products”) in India.

This website (“Website”) has been set up, and is operated and maintained by Izex Opticals Private Limited for the purpose of informing and sale of Products by Izex Opticals Private Limited to end customers and other businesses. The terms “We” / “Us” / “Our” used in this Policy refer to “Izex Opticals Private Limited” and the terms “You”, “Your”, “Yourself” in this Policy refers to the users of the Website / purchasers of Products on the Website.

Terms

Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale, along with the “Terms of Use”, constitute an “electronic record” in the form of “electronic contract” as defined under the Information Technology Act, 2000 between “Izex Opticals Private Limited” and the buyer of Products on this Website. This document does not require any physical, electronic or digital signature.
These terms of sale apply to every user and every purchase of any Product(s) by You, from Izex Opticals Private Limited, through the Website or offline. These terms are subject to change without prior written notice at any time, in Izex Opticals Private Limited’s sole discretion. By placing an order for Products through the site or offline, You agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale, as well as our Terms of Use, Privacy Policy and / or any other Policy mentioned herein (“Additional Policies”).

Terms of Sale

  1. Display of any Product on the website shall be subject to the conditions as to price, warranty, service, maintenance and / or any other terms specified for Products on the Website. The display of any Product for sale, any price list or information on the Website only constitutes an invitation to contract by Izex Opticals Private Limited.
  2. If You are satisfied with the details of the Product, and the terms and conditions on which it is being sold or informed, You may choose to make an offer to Us to sell the Product(s) in your order.
  3. Izex Opticals Private Limited may accept any such offer made by You at its sole discretion. When you place an order for purchase of a Product, You may receive an email confirming receipt of your order, and details of the order placed by you (“Order Confirmation Email”). Please note that mere dispatch of such Order Confirmation Email does not constitute acceptance of your order by Izex Opticals Private Limited.
  4. Izex Opticals Private Limited may, subject to availability of Products, choose to accept the purchase order placed by you. When the Product is ready for delivery, Izex Opticals Private Limited will send an email confirmation to you that the Product has been dispatched (“Dispatch Confirmation Email”). The contract will be concluded when Izex Opticals Private Limited sends such a Dispatch Confirmation Email from its end, and thereby communicates acceptance of purchase order to You. In case you have ordered huge quantity for more than one Product(s), then, it is possible that Your order may be delivered in more than one package to You. In such a case, Izex Opticals Private Limited will send a separate Dispatch Confirmation Email in respect of each package delivered to You. In such a case, each such Dispatch Confirmation Email will conclude the contract in respect of such Product(s) for which such Email has been sent by Izex Opticals Private Limited.
  5. Izex Opticals Private Limited may indicate the time period required for delivery of the Product on the Website or in writing. However, please note that any such time period is only indicative, and specified on estimated basis by Izex Opticals Private Limited. Izex Opticals Private Limited does not guarantee delivery of the Product within the indicated time period, and time is not of essence in the contract for purchase and sale of Products on the Website or offline.
  6. You shall be bound to accept delivery, or to ensure acceptance of delivery of the products upon their delivery to the shipping address. The logistic service provider will approach your shipping address once, for delivery of the Products ordered by You. If you neglect or refuse to accept delivery of the Products, or if there is nobody available at the shipping address to take delivery of the Products at the shipping address then, You shall be liable to Izex Opticals Private Limited for such non-acceptance of the Products delivered to you. Izex Opticals Private Limited may at its sole discretion levy and deduct such costs, damages, penalties etc. as it may deem fit to compensate itself for non-acceptance of the Products delivered to you
  7. You can also decide to cancel the order only if the Product is not invoiced ie the status of the product in that order is not marked as ‘Shipped’ in the My Accounts section. Once the product is dispatched from the warehouse, you can request a return and not cancellation. Izex Opticals Private Limited may at its sole discretion allow cancellation of such order subject to payment of such costs, penalties etc. as may be specified by Izex Opticals Private Limited at that point of time for cancellation of the order.
  8. Any purchase made offline will be under the same T&C given above. Any damage done on our products post sale will not be our responsibility. It is advisable to check the products before any purchase.
  9. Bulk order quantity is subjected to availability and no time guarantee is given for the same.

General Terms

  1. Limitation of Liability: In no event shall Izex Opticals Private Limited be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the website, or any goods purchased from the website, whether based in contract, tort, strict liability, or otherwise. Notwithstanding the foregoing, total liability of Izex Opticals Private Limited for any reason whatsoever related to use of the website or goods purchased from the website shall not exceed the total amount paid by you to us in connection with the subject matter of the particular dispute.
  2. Warranties/Repairs Requirements: Izex Opticals Private Limited shall address your queries relating to warranty and repairs requirements.
  3. Events Beyond Our Reasonable Control (Force Majeure): We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.
  4. Waiver: Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
  5. Invalidity: In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and You will still be bound by them.
  6. Governing Law: This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of India. The parties (Izex Opticals Private Limited and You, the user / buyer) agree to submit to the jurisdiction of the courts in Delhi to the exclusion all other courts.
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Amanda Seyfried
Founder & CEO, Arcade Systems