Terms of Use – Old Focals

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 Los Angeles, California.

WE URGE YOU TO KEEP YOUR CURRENT GLASSES AS A BACKUP PAIR. WE REQUEST THAT YOU SEND US YOUR ACTUAL WRITTEN PRESCRIPTION (by email, fax or mail, and write your Order Number on it) WHEN ORDERING. IF YOUR PRESCRIPTION HAS EXPIRED OR IS MORE THAN TWO YEARS OLD, YOU NEED TO CONFIRM IT WITH YOUR DOCTOR OR EYE CARE PROVIDER.

BINDING AGREEMENT. This is a binding agreement. By using this Internet site located at www.oldfocals.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 OLD FOCALS, INC., (“Old Focals”) 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 LOS ANGELES, CALIFORNIA, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Old Focals IS NOT RESPONSIBLE FOR THE FOLLOWING. You agree that Old Focals 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 Old Focals 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 “Old Focals 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.
PRIVACY POLICY. Old Focals respects your privacy and permits you to control the treatment of your personal information. A complete statement of Old Focals’ current privacy policy can be found by clicking here: PRIVACY POLICY. Old Focals’ 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.
USE OF ORDER FORMS, UPLOADS, CONTESTS. Old Focals uses order forms available to you on the Site. These forms and use of the Web Site are agreed to be licensed by you to Old Focals, for your personal use only and for the limited purpose of placing an order with Old Focals 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 Old Focals on this Web Site or on or in Old Focals advertisements, banners or blogs. By uploading your photographs for you agree that those copies may be legally displayed by the OLD FOCALS Web Site.
CONTESTS: All entries submitted for participation in any contest whether or not sponsored by a co-sponsor, shall become the property of Old Focals,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.
ORDER PROCESS. When an order is made, Old Focals ships your frames or starts production on your glasses within 24 Hours, and often sooner. 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.
CANCELLATION: (1) Prescription orders MAY ONLY BE CANCELLED WITHIN THE FIRST 24 HOURS OF PLACING THE ORDER. For orders cancelled within this time period, a full refund of the purchase price will be issued. PRESCRIPTION ORDERS CANCELLED AFTER THE FIRST 24 HOURS WILL RECEIVE A REFUND OF 50% OF THE PURCHASE PRICE.
Cancellation of Non-Prescription Orders: BECAUSE WE TRY TO SHIP IMMEDIATELY AFTER RECEIVING PAYMENT CONFIRMATION, WE ARE NOT ABLE TO ACCEPT CANCELLED ORDERS IF THE ITEM HAS ALREADY BEEN SHIPPED. ALL ORDERS THAT HAVE BEEN SHIPPED WILL BE TREATED AS A RETURN AND WILL BE SUBJECT TO OUR RETURN POLICY.
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 (S-M-L and/or by measurement in millimeters (mm), (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 IS RESPONSIBLE FOR IMPORT DUTIES: By law, all shipping documents will declare the amount paid and cannot be marked as a gift. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer’s responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to buying.
OUR GUARANTEES. We Guarantee to make a correct pair of prescription glasses according to the prescription values as ordered and entered by the Customer. IT IS STRONGLY SUGGESTED THAT YOU, OUR CUSTOMER, SEND US YOUR PRESCRIPTION “RX”. If you do send it to us, you must include your Order Number(s) with any return, or we will not be able to match it with your entered prescription. It is Customer’s responsibility to be sure you have the correct prescription for the products ordered. Keep your prescription as it may become necessary to send it to OLD FOCALS to help with an order.
OUR RETURN / REFUND POLICIES FOR “FRAME ONLY” ORDERS: The customer may return a FRAME ONLY purchase for any reason ONLY on the following terms: 1. Customer must return the glasses to Old Focals within 30 days of having received it for a 100% refund, minus shipping charges for international orders, credited back to Customer via PayPal. Customer must provide their order number and all other information as required by Old Focals for all returns, including Customer’s name and address, as well as the Order Number and a brief, clear note regarding the reason for return. Ship to: Old Focals, Inc. 1110 Mission St., South Pasadena, CA 91030, ATTN: Returns. Return Shipping must be through USPS Priority Mail and a return tracking # must be provided via e-mail to sales@oldfocals.com. 2. The Customer must return the products at their own expense. They must be returned in the same hard case originally sent in, and must be in “as New” condition, unscratched and unbroken, lenses in their original frames. Glasses or accessories received by customer in a broken or dismantled state must still be returned in the case in which they were received. 3. Old Focals is not responsible for lost, missing or goods damaged en-route by the return shipping companies. If you do all of the 1. – 3. above then: CLICK HERE TO FILL OUT OLD FOCALS’ RETURN REQUEST FORM
OUR RETURN / REFUND POLICIES FOR PRESCRIPTION LENS AND/OR NON-PRESCRIPTION (UV or Polarized) LENS ORDERS: For orders that included prescription lenses and/or non-prescription lenses, 50% of the purchase price of the frames only will be refunded: AFTER LENS INSTALLATION, FRAMES ARE NO LONGER IN NEW CONDITION. BECAUSE THE LENSES ARE CUSTOM MADE TO FIT EACH FRAME, THEY ARE NON-RECYCLABLE AND NON-REFUNDABLE. The customer may return a purchase including prescription and/or non-prescription lenses for any reason ONLY on the following terms: 1. Customer must return the glasses to Old Focals within 30 days of having received it for a 50% refund of the frames only, minus shipping charges for international orders, credited back to Customer via PayPal. Customer must provide their order number and all other information as required by Old Focals for all returns, including Customer’s name and address, as well as the Order Number and a brief, clear note regarding the reason for return. Ship to: Old Focals, Inc. 1110 Mission St., South Pasadena, CA 91030, ATTN: Returns. Return Shipping must be through USPS Priority Mail and a return tracking # must be provided via e-mail to sales@oldfocals.com.2. The Customer must return the products at their own expense. They must be returned in the same hard case originally sent in, and must be in “as New” condition, unscratched and unbroken, lenses in their original frames. Glasses or accessories received by customer in a broken or dismantled state must still be returned in the case in which they were received. 3. Old Focals is not responsible for lost, missing or goods damaged en-route by the return shipping companies. If you do all of the 1. – 3. above then: CLICK HERE TO FILL OUT OLD FOCALS’ RETURN REQUEST FORM
GLASSES RETURNED AFTER THE EXPIRATION OF THE 30-DAY RETURN POLICY PERIOD WILL NOT BE REFUNDED IN ANY AMOUNT.
FREE MANUFACTURING ERROR REPLACEMENT OF CORRECT RX. In the rare case where we have made an error in the manufacture of a valid prescription beyond the normal standards, we will remake the glasses promptly and correctly at no charge to the customer. This guarantee does not include errors and delays due to customer error in ordering including, but not limited to, entering the wrong prescription information, numbers, or personal information for the order, or acts of governmental agencies. IF YOU ARE RETURNING LENSES BECAUSE OF A WRONG MANUFACTURING OF A CORRECT PRESCRIPTION CLAIM, YOU MUST ENCLOSE A COPY OF YOUR ACTUAL PRESCRIPTION, OR NO REPLACEMENT OR REFUND OF THE ORDER WILL BE CONSIDERED BY Old Focals. IF Old Focals EXAMINES YOUR PRESCRIPTION AND DETERMINES THAT THE LENSES WERE CORRECTLY MADE, WE WILL NOTIFY YOU.
In addition, if the glasses are returned with the incorrect order number, then any subsequent production error is not the responsibility of Old Focals, and there will be no further corrective action taken at Old Focals’ expense.
It is the responsibility of the customer to properly document returns.
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.
ALLEGED VIOLATIONS. Old Focals reserves the right to terminate your use of the Service and/or the Site in its sole discretion. To ensure that Old Focals provides a high quality experience for you and for other users of the Site and the Service, you agree that Old Focals 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. Old Focals does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Old Focals 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 Old Focals believes that you have violated any of the Terms of Use, furnished Old Focals with false or misleading information, or interfered with use of the Site or the Service by others.
NO WARRANTIES NOT MENTIONED. EXCEPT FOR THE EXPRESS Old Focals GUARANTEES STATED ABOVE, Old Focals HEREBY DISCLAIMS ALL WARRANTIES. Old Focals 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, Old Focals 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. Old Focals’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Old Focals 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 Old Focals. 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.
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.
INDEMNITY. You agree to indemnify Old Focals for certain of your acts and omissions that violate this Agreement or the law. You agree to indemnify, defend, and hold harmless Old Focals, 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. Old Focals will notify you promptly of any claim, loss, liability, or demand.
COPYRIGHT. All contents of this web site are: Copyright © 2012 OLD FOCALS, INC. All rights reserved. The trademark OLD FOCALS® and Old Focals® AND the Eye-shaped stripped logo ® are the exclusive property of OLD FOCALS, INC.
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.
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.
U.S.A. BASED SITE. The Site is controlled and operated by Old Focals from its offices in the State of California. Old Focals 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 Old Focals’
purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.
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.
MODIFICATIONS. Old Focals 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.
ARBITRATION: I, as a customer of Old Focals and Old Focals, Inc., hereby submit any disputes with Old Focals and its licensees and assigns to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in Los Angeles, 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.
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.
NO NOTICE OF CHANGES TO POLICY. From time to time and at its sole discretion, Old Focals will post a notice on the Site any time these Terms of Use have been changed or therwise 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.
Certain states require us by law to verify your prescription. We can verify your prescription by either obtaining a copy of it (via fax, email, or in person at our showrooms), or by contacting your eye doctor directly.If we will be shipping your order to one of the following states, we will need to verify your prescription: AK, AL, AZ, CA, CT, FL, GA, KY, MA, NC, NJ, NV, NY, OH, RI, SC, TN, VT, WA.