Last Updated: 5/1/2023

Terms of Service

Use of the Website

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We invite you to use this Website for individual, consumer purposes. The Website is only intended for access and use by users located within Canada. If you access our website from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

By using this Website, you affirm that you are at least the age of majority in the jurisdiction in which you reside and able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you must not access or use this Website.

Privacy

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Please review our Privacy Policy, accessible at https://helloeyes.ca/privacy-policy, which describes how we collect, use and disclose personal information when you use our Website.

No professional advice

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Any information supplied through this Website or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through this Website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship. The information presented on or through the Website is made available solely for general information purposes.

THIS SECTION DOES NOT APPLY TO QUÉBEC CONSUMERS

We do not warrant the accuracy, completeness, or usefulness of the information provided on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Electronic communications

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When you visit this Website or send e-mails to us, you are communicating with us electronically and are consenting to receive communications from us electronically regarding a purchase or response to a question or comment or because you have chosen to receive promotional, legal or reminder emails about your contact lenses or eyeglasses. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Dispute resolution; arbitration; class action waiver

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THIS SECTION DOES NOT APPLY TO QUÉBEC CONSUMERS

Some states or jurisdictions, such as Québec and Ontario, do not allow to impose mandatory arbitration to a consumer or to restrict a consumer’s right to go before a court.

Please read this section carefully because it affects your legal rights.

(a) Arbitration Agreement. You and Hello Eyes agree that, to the greatest extent permitted by applicable law, all claims and disputes relating in any way to your use of Hello Eyes’ Website, or to any products you purchase or purchased through Hello Eyes, shall be resolved by binding arbitration on an individual basis, except for (i) disputes which can be resolved in small claims court, (ii) any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or (iii) any dispute already pending at the time you first assent to these Terms.

(b) Waiver of Jury Trial. YOU AND HELLO EYES WAIVE ANY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hello Eyes are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

(c) No Class Arbitrations, Class Actions, or Representative Actions. YOU AND HELLO EYES AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. Claims and disputes of more than one customer or user cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any individual or other group. Unless both you and Hello Eyes agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s) or dispute. Any relief awarded cannot affect other Hello Eyes’ users.

(d) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and Hello Eyes will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org or by calling AAA at 1-800-778-7879.

Some jurisdictions do not permit waiver of the right to participate as a plaintiff or class member in any purported class action or representative proceeding, so certain of the foregoing waivers may not apply to you. This section shall survive any termination of these Terms. 

Intellectual Property
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Unless otherwise noted, all information, account information, articles, data, images, passwords, customer information, screens, text, user names, web pages or other materials (collectively, the “Content”) appearing on the Website, the Website itself, and all features and functionality of the Website, are the exclusive property of Hello Eyes or its subsidiaries or licensors.
• All information, products, services, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other Content contained on or used in the Website is protected by Canadian and international copyright laws. All rights not expressly granted to you under these Terms are reserved. Please assume that everything you see or read on the Website is copyrighted to, or used with permission from Hello Eyes unless otherwise noted.
• The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Hello Eyes or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Hello Eyes. All other trademarks not owned by Hello Eyes or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hello Eyes or its subsidiaries.
• Images of people, objects or places displayed on the Website are either the property of, or used with permission by, Hello Eyes.
• We own or use by permission all software contained on the Website, including all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.
• You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the Content of the Website for public or commercial purposes without Hello Eyes’ authorization, except that:
• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features, you may take such actions as are enabled by such features.
• Nothing on this Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.
Patents

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One or more patents may apply to this Website, including: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.

Website license and prohibited uses

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We grant you a limited, non-exclusive, revocable, non-sub-licensable and non-transferable license to access and make personal use of this Website only for lawful purposes and in accordance with these Terms, and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of the Website to do any of the following, including:

• resell or commercially use this Website or its contents;
• download or copy any account information for the benefit of another merchant or other person or entity;
• use any false or inaccurate information for purposes of establishing an account with us;
• provide any information or take any other action with the purpose of establishing an account with us in order to place test orders; 
  delete or revise any material or other information of ours or any other user;
• harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• collect or otherwise use any data located on the Website for litigation or legislative purposes;
• take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; 
  use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website;
• use any engine, software, tool, agent or other mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than (i) the search engine and search agents available from Hello Eyes and (ii) generally available third party web browsers;
• allow any other person or entity to use your account information or other identifying information; 
  attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service;
• use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
• send, knowingly receive, upload, download, use, or re-use any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable;
• impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing); or
• engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Company or users of the Website or expose them to liability.

You further agree not to violate or attempt to violate the security of the Website, including actions such as:

• accessing data not intended for you or logging into a server or account that you are not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any user, host or network, including by way of submitting a virus to or overloading, using any type of spyware or redirecting software, “flooding,” “spamming,” “mailbombing” or “crashing” the Website;
• forcing the placement of cookies; sending unsolicited e-mail, including promotions and/or advertising of products or services; or
• forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Hello Eyes without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hello Eyes’ name or Trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Hello Eyes so long as the link does not portray Hello Eyes or our products or services in a false, misleading, derogatory or otherwise offensive matter, or suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission, or disable all or any social media features and any links, at any time without notice in our sole discretion. You may not use any Hello Eyes logo or other proprietary graphic or trademark as part of the link without our express written permission.

Online purchases and other terms and conditions

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All purchases through the Website or other transactions for the sale of goods or services resulting from visits made to the Website are handled by our payment processor, Hello Eyes, LLC. You acknowledge and agree that all matters concerning payment for transactions made on our Website, including with respect to payment issues and disputes, are  governed by our Terms of Sale, which are hereby incorporated into these Terms.

Reselling products prohibited

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You are absolutely prohibited from reselling in any manner any products you purchase from Hello Eyes, whether you purchased the products through the Website or by any other means.

Your account

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Certain sections of our Website may only be available to you upon registration for an account. If you register for an account, you are responsible for maintaining the confidentiality of your account and other related login and account information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

In consideration of your use of this Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account, prescription and order information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this Website. Account Information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Reviews, comments, communications, and other content

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We welcome your comments, reviews, suggestions, ideas and messages, and certain areas of the Website may permit you to submit such content or other information to us (“User Content”). You agree that you are solely responsible for all of the User Content you submit to Hello Eyes and that any User Content you submit will be considered non-confidential and non-proprietary. By submitting User Content, you represent and warrant to us that:

• any information contained in your User Content is not known by you to be false, inaccurate, or misleading;
• the User Content does not infringe, misappropriate or violate the privacy, copyright, trademark, patent, trade secret, confidential information or other intellectual property rights of any third party;
• the User Content is not illegal, obscene, threatening, defamatory, or otherwise injurious to third parties or objectionable;
• the User Content does not consist of or contain software viruses, worms, spyware, adware, or other potentially damaging programs or files;
• the User Content does not constitute political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”;
• the User Content does not contain any information that you consider confidential, proprietary, or personal;
• the User Content does not violate these Terms or any law (including those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising or criminal law); and
• you own all rights in your User Content (including all rights to the communication, reproduction and display of your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to us the rights in your User Content as described in these Terms.

If you submit User Content, and unless we indicate otherwise, you grant Hello Eyes a non-exclusive, royalty-free, fully-paid, perpetual, worldwide, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your User Content throughout the world, in any media and for any purpose (including commercial purposes and advertising) that we deem appropriate.

We reserve the right (but not the obligation) to remove or edit User Content for any or no reason, but we do not regularly review User Content. We take no responsibility and assume no liability for any content posted by you or any third party. We reserve the right to disclose your identity or other information about you to any third party who claims that User Content posted by you violates their rights, including their intellectual property rights or their right to privacy.

Copyright complaints

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We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us and provide the following information:

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
• your name, address, telephone number and email address;
• a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
• an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Our agent for notice claims of copyright infringement on the Website can be reached at the address set out in the “Notice” section, below.

Export

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These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the U.S. or Canada of the Website, the Content or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export the Website, the Content or any information about any of them without the prior written consent of Hello Eyes and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.

Our rights

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We may elect to electronically monitor areas of this Website and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website.

Without limitation to the foregoing, we further reserve the right to take appropriate legal action, including without limitation referral to law-enforcement, for any illegal or unauthorized use of the Website. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. To the extent permitted by applicable law, you waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

We may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct upon violation of any applicable law or these Terms or is otherwise harmful to the interests of another user or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. 
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Links to third party websites

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Occasionally, we may make available a link to a third party’s website. These links will let you leave this Website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents. 

Disclaimer of warranties and limitation of liability

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THIS SECTION DOES NOT APPLY TO QUÉBEC CONSUMERS

THIS WEBSITE IS PROVIDED BY HELLO EYES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HELLO EYES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THAT THIS WEBSITE WILL CONTINUE TO OPERATE OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, BUGS OR VIRUSES OR THAT THIS WEBSITE WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT OR SOFTWARE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY AND THERE IS NO CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEBSITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

We attempt to be as accurate as possible in describing offered products. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, HELLO EYES AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR: (A) ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF EITHER: (I) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO THE RELEVANT CAUSE OF ACTION ARISING; OR (II) $100.00; OR (B) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN EITHER CASE ARISING FROM THE USE OF THIS WEBSITE.  
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Indemnity

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As permitted by applicable law, you agree to indemnify and hold Hello Eyes and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our Website, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

Applicable law

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By visiting this Website, you agree that the laws of British Columbia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us. The United Nations Convention on Contracts for the International Sale of Goods does not apply to any matters relating to your access to, or use of, this Website.

Website policies and modification

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Please review our other policies, such as our Privacy Policy, posted on this Website. These Terms were last updated as of the date indicated above. We reserve the right to make changes to our Website, policies and these Terms at any time. All changes are effective immediately when we post them. Your access to and use of the Website will be governed by the Terms as they exist at the time of such access and use and a new contract is formed in each instance based on the then current Terms, which may be different from previous versions of these Terms.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Notice

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We may provide notice to you by e-mail at the e-mail address you provided during registration, by a general notice on the Website, or by written communication delivered by mail or express courier to your address on record in your account information.

You may give notice to us at any time, in writing, delivered by mail or express courier to:

Hello Eyes Services, ULC

329 Howe Street #1089

Vancouver, BC V6C3N2 


Canada 
[email protected]

Delivery and Order States

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We will need your name, address, and telephone number to complete and fulfill your order. Once your order ships, we will send you an email confirmation.

General information

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These Terms and our Privacy Policy govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You and Hello Eyes are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms or your use of the Website.

The provisions of these Terms will ensure to the benefit of and be binding upon us and our successors and assigns, and you and your heirs, executors, administrators, and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.

Each reference in these Terms to “include” or “including” shall be deemed (if not already expressly so) to be followed by the words “without limitation” and the terms “include” and “including” shall not be construed to limit any general statement which they follow to the specific or similar items or maters immediately following such terms. Words in the singular include the plural and vice-versa. The division of these Terms into provisions, sections and subsections and the use of headings are for convenience or reference and shall not affect the interpretation of these Terms.

Please see our Terms of Sale for information regarding order cancellations, refunds, and returns. The Terms of Sale are incorporated into these Terms. 

TERMS OF SALE

Availability and Pricing

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lf products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. All prices are in Canadian dollars.

Taxes

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You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through the Website. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all jurisdictions. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.


Payment

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After you have made your selections and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method. Only valid payment methods acceptable to us may be used to complete a purchase via the Website. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. Your order will not be fulfilled until you provide optical parameters for the products ordered.

Shipping; Risk of Loss

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You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Website, risk of loss or damage to a product passes to you upon shipment of the product to our designated carrier.

Refunds and Returns

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If a refund request is made while an order is being manufactured or is in the process of shipping when it is cancelled, you will receive a full refund at the time of cancellation. Refunds take up to ten (10) business days depending on the financial institution. If you are unsatisfied with any product(s) in your order, you may return such product(s) to us within sixty (60) days of your purchase of the applicable product(s) for a full refund of such product(s)' purchase price, excluding shipping and handling charges(“60 Day Satisfaction Guarantee”).  A refund under the 60 Day Satisfaction Guarantee will be processed when the product is returned to us and only unused and unopened boxes of contact lenses may be returned for a refund.

Cancellations

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An order can be cancelled (your card will not be charged) up until the time the order leaves our distribution center. Orders cancelled prior to their being from to our distribution center are free of charge (no penalties or additional fees). Once an order leaves our distribution center, we can no longer cancel the order because your card will have already be charged. You will need to return the product for a refund in accordance with our Refunds and Returns policy (prior section).

Acceptance and Errors

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By placing an order on the Website you are making an offer to buy the selected products from us. All orders must be accepted by us or we will not be obligated to sell such products to you. We may choose not to accept any orders in our sole discretion. Your offer to purchase products will be considered accepted by us upon the receipt of a confirmation email from us with your order number and details of the products you have ordered. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

Issues and Concerns

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We reserve the right to remedy customer issues and concerns on a case by case basis. We reserve the right to resolve customer issues and concerns based on the facts and circumstances of each customer.

Disclaimer

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The following does not apply to Quebec consumers.

The products sold via the Website are manufactured by other companies. The manufacturer may offer its own warranty, but unless otherwise stated on the product page, except for our 60 Day Satisfaction Guarantee detailed herein, we do not offer a warranty on those products. That means they are sold by “as is” and “with all faults.” If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging. For any product sold via the Website you agree that your remedy in connection with any such product is solely with the product manufacturer and not Hello Eyes.