SmartBuyGlasses Terms & Conditions
Four separate contracts are used by SmartBuyGlasses. The terms of these contracts appear on this page.
The first contract is the "Website Terms and Conditions". This contract applies to ALL users of the SmartBuyGlasses website. If you use this website for any reason, you will be bound by the Website Terms and Conditions.
The second contract is the "Terms and Conditions of Supply". This contract applies to EVERY purchase of goods from SmartBuyGlasses. If you order any goods from SmartBuyGlasses, you will be bound by the Terms and Conditions of Supply. In addition, if you purchase prescription eyewear from SmartBuyGlasses you will be bound by the “Additional Terms and Conditions for Prescription Eyewear”. The fourth contract is the “Terms and Conditions for Lens Scanner” If you use the “Lens Scanner” Feature then you will also be bound by the “terms and Conditions For the Lens Scanner feature. Please use the links below to review all of these terms and conditions:
1. Website Terms and Conditions
This Agreement is between you, the person accessing and/or using the SmartBuyGlasses website ("You"), and SmartBuyGlasses Optical Limited ("SmartBuyGlasses").
Who may use the Site?
Your Right to Use the Site
You are fully responsible for Your use of the Site. Any unauthorized use shall immediately terminate the limited license without notice. Unauthorized use shall include, but are not limited to, all the following:
You shall not:
a) License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Site in any way;
b) Modify or make derivative works based upon the Site;
c) Create Internet "links" to the Site or "frame" or "mirror" any portion of the Site on any other server or wireless or Internet-based device without SmartBuyGlasses's prior express written consent;
d) Reverse engineer or access the Site in order to (a) build a competitive product, service, or website; (b) build a product using similar ideas, features, functions, or graphics of the Site; or (c) copy any ideas, features, functions or graphics of the Site;
Intellectual Property Rights
Accuracy of content
SmartBuyGlasses will make reasonable efforts to verify and maintain the accuracy of any content of the Site, but SmartBuyGlasses does not represent nor warrant that the content of the Site, including any pricing information on the Site, is or will be correct, up to date or error-free.
SmartBuyGlasses reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services, and prices displayed or described on the Site at any time, without notice.
SmartBuyGlasses does not represent nor warrant uninterrupted or error-free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. SmartBuyGlasses does not assume any responsibility, liability, or risk for Your use of the Internet.
All Information is provided on an "as-is" basis without any warranties of any kind, either express or implied.
Recommended Retail Price
The RRP is the sale price suggested by the distributor of the branded eyewear. The Recommended Retail Price (RRP) is not mandatory, although manufacturers and distributors may suggest that retail outlets maintain a price within the range of their suggestion. Whereas our online prices are very competitive within the eyewear industry, we cannot guarantee that this RRP is always higher or lower than the prices in a retail store. In addition, due to the fact the top branded eyewear worldwide is made in Italy, the RRP is also based on a Euro exchange rate within the Countries our websites are featured. Exchange rates are updated on our websites on a periodic basis and we cannot guarantee their accuracy on a daily basis either.
We encourage customers to compare prices via comparative price shopping engines online and through various other means in order to find the best deal. RRP is not the same as 'street price' - Street Price can be broadly defined as the price at which the item actually sells in the free market. Smartbuyglasses.com.my is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and notice of price rollbacks in the market.
Third Party Sites and Content
Linking to the Site
All links to the Site must be approved in writing by SmartBuyGlasses prior to the creation of the link, except that SmartBuyGlasses consents to links in which: (i) the link "points" the user directly to the home page only and not to pages accessible from the home page (ii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked site and (iii) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by SmartBuyGlasses nor damage or dilute the goodwill associated with the name and trademarks of SmartBuyGlasses or its affiliates. SmartBuyGlasses reserves the right to revoke this consent to link at any time at its sole discretion.
Requirements to Use the Site
In using the Site, You agree to all the following, without limitation:
b) You will register an account with SmartBuyGlasses on the Website or the Application, as needed.
c) You agree to comply with all laws applicable to your use of the Site.
d) You shall neither collect nor harvest any personally identifiable information, including e-mail addresses from the Site.
e) You shall not transmit any viruses, worms, defects, Trojan horses, or other items of a destructive or damaging nature.
f) You shall not use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene.
g) You shall not use any device, software, or routine that interferes with the functioning and integrity of the Site.
h) You shall not use any device, software, or other instrumentality to disrupt, damage, or interfere with or attempt to disrupt, damage, or interfere with the functioning and integrity of the Site.
Information You submit to the Site
Limitation of Liability
To the maximum extent permitted by law, SMARTBUYGLASSES DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Except with respect to any Non-excludable Conditions and to the furthest extent permitted by the applicable law, SmartBuyGlasses, its affiliates, licensors, service providers, content providers, and their employees, agents, officers, and directors will not be liable for any direct, indirect, consequential, punitive, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your information handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise. With respect to a breach of any Non-excludable Conditions by SmartBuyGlasses (excluding non-excludable in respect of which liability may not be limited), SmartBuyGlasses limits its liability to, to the furthest extent permitted by the applicable law at its option, where the breach relates to goods, repairing or replacing the goods, or where the breach relates to services, supplying the services again.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Nothing in this clause entitled “Limitation of Liability” purports to exclude any liability in relation to personal injury or death.
Changes to the Site
Governing Law and Jurisdiction
2. Terms and Conditions of Supply
If You have difficulty reading this page, You must contact us before You place Your order. By placing an order with SmartBuyGlasses, You will be deemed to have understood and accepted these terms and conditions ("Terms"). If You have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before You place Your order.
This Agreement is between You, the person placing an order for goods using the SmartBuyGlasses website (“You”), and Motion Global Limited.
1.1 In these Terms:
"Goods" means those products made available by SmartBuyGlasses that You wish to purchase, as indicated in Your Order.
"Order" means orders placed in accordance with the provisions of Section 3.1.
"Site" means the website owned and operated by SmartBuyGlasses with URL address http://www.smartbuyglasses.com.my
2. Customer Obligations
2.1 By submitting Your Order You warrant, represent, and undertake:
2.1.2 to provide any details reasonably requested by SmartBuyGlasses to confirm that You are eligible to purchase the Goods;
2.1.3 that You are acting in Your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than Your own personal use, except to the extent set forth in Section 2.2 below;
2.1.4 that You are the authorized holder of any credit/debit card You may use on the Site
2.1.5 Your submission of the Order and Your use of the Goods complies or will comply with all applicable laws; and
2.1.6 with respect to any Order, in whole or in part, for “progressive" glasses, You are ordering such glasses for Your own personal use and not for or on behalf of another person.
2.2 Except as set forth in Section 2.1.6, a parent and/or legal guardian may place an Order for the parent’s or guardian’s child (a “Minor”). With respect to any such Order:
2.2.1 “You” (and its derivations) shall be deemed to include the Minor for purposes of the Additional Terms and Conditions for Prescription Eyewear; and
2.2.2 it is the obligation of such parent and/or legal guardian to ensure that the Minor complies with such Additional Terms and Conditions for Prescription Eyewear and with all laws applicable to the Minor’s use of the Goods.
3. Orders for Goods
3.1 via the ordering system on the Site or
3.2 Your submission of the Order, whether submitted via the Site or other represents an offer to purchase the Goods from SmartBuyGlasses. SmartBuyGlasses may confirm receipt of this offer via email (if the Order is placed via the Site) or via text message if you have provided your mobile telephone number. For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that SmartBuyGlasses will supply any Goods to You.
3.3 You may change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this time may be rejected by SmartBuyGlasses at its absolute discretion.
3.4 SmartBuyGlasses may communicate with you about your order via email or text message. If the telephone number that you provide during the submission of your Order is a mobile telephone number, you agree to receive transactional text messages about your Order, including Order updates.
4. Limitations of Supply
4.1 SmartBuyGlasses shall make reasonable efforts to meet the requirements You specify in Your Order(s), however, We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, SmartBuyGlasses will contact You to give You a choice to receive a replacement or a refund. If SmartBuyGlasses receives no response from You, SmartBuyGlasses may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.
4.2 SmartBuyGlasses tries to ensure that the Goods supplied match the descriptions provided on the Site or in our current mail order catalogue. Whilst SmartBuyGlasses tries to ensure that there are no changes to the Goods to be supplied, You acknowledge that there may be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods, and accept that such minor variations will not give You a right to refuse delivered Goods.
4.3 SmartBuyGlasses shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order.
5. Prices and Payment
5.1 Subject to Clause 5.3, the price payable by You for the Goods shall be the price stated on the Site or the current mail order catalogue at the time Your Order is placed in accordance with these Terms.
5.2 Unless otherwise stated on the Site, all prices for Goods are in United States Dollars.
5.3 While SmartBuyGlasses uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, we do not warrant that the Site is error-free, or that You will not encounter a mispriced item in the catalogue or on the Site. If an item is mispriced or if the price has changed since the last catalogue was issued, SmartBuyGlasses will contact You and give You the choice to place an Order for the Goods at the correct price or to cancel the Order and receive a refund of any money paid by You.
5.4 The postage, packaging, and delivery charges for all purchases are given on our Site and in our mail order catalogue.
6. Delivery and Carriage
6.1 Delivery of the Goods shall be deemed to take place at the time the Goods first arrive at the delivery address stated on Your Order.
7. Goods that are Defective on Delivery
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods
7.1 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact SmartBuyGlasses by email and inform us of the problem within 5 days of delivery of the Goods. If SmartBuyGlasses (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed "Defective on Delivery".
7.2 You must notify SmartBuyGlasses immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise SmartBuyGlasses within 14 days of delivery of the defect, the Goods will be deemed "Defective on Delivery".
7.3 If the Goods are Defective on Delivery, SmartBuyGlasses will, at SmartBuyGlasses’ sole discretion, either repair or replace such Goods or refund the price paid for the Goods to You.
7.4 If the Goods are Defective on Delivery, You agree to return the Goods to SmartBuyGlasses in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.
7.5 Subject to Clause 7.6, SmartBuyGlasses shall pay the costs of postage, packing, and delivery in relation to the repair or replacement of any Goods that are Defective on Delivery and shall, upon written request, reimburse You the reasonable costs of returning the defective Goods.
7.6 You will be liable for all costs connected with the supply of replacement Goods (including posting, packing, and delivery) until the returned Goods are received by SmartBuyGlasses.
8. Manufacturing defects in Goods
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods.
8.1 If You discover a manufacturing defect within twelve months of delivery of any Goods, You must notify SmartBuyGlasses immediately.
8.1.1 If You return the defective Goods stating the manufacturing defect to SmartBuyGlasses, SmartBuyGlasses shall subject to Clause 8.1.2 at its absolute discretion repair or replace such Goods.
8.1.2. SmartBuyGlasses shall not repair or replace any Goods if (i) it has not received the defective Goods back from You or (ii) if the defect was caused by misuse or mistreatment of the Goods.
8.1.3. SmartBuyGlasses shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse You the reasonable cost of returning the defective Goods.
9. Transfer of Risk and Title in Goods
9.1 Subject to Clause 7, title in the Goods shall pass to You when the Goods are dispatched from our warehouse to be delivered to the delivery address set out in Your Order provided that SmartBuyGlasses has received payment in full for the Goods.
9.2 Subject to Clause 7, risk in the Goods shall pass to You when the Goods are dispatched from our warehouse to be delivered to the delivery address set out in Your Order.
9.3 In the event of cancellation, risk in the Goods remains with You until the Goods are received by SmartBuyGlasses.
10.1 Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods.
10.2 Subject to Clauses 10.1, the total liability of SmartBuyGlasses to You in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, shall not exceed the total sums received by SmartBuyGlasses for the Goods to which the Order relates.
10.3 Subject to Clause 10.1, SmartBuyGlasses shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill, or loss of insurance cover.
10.4 Subject to Clause 10.1, SmartBuyGlasses shall not be liable to You for any consequential, special, punitive, or indirect losses or damages of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if SmartBuyGlasses has been advised of the possibility of such loss or damage.
10.5 Subject to Clause 10.1 SmartBuyGlasses shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false, or misleading or that otherwise results from a breach by You of these Terms.
10.6 Subject to Clause 10.1, SmartBuyGlasses accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
10.7 Before starting to use your eyewear purchase you should try them on. If you cannot see clearly or if you experience any discomfort or problem in relation to any eyewear product (particularly prescription eyewear and contact lenses) purchased, you should stop using the eyewear in question immediately and you should seek advice from an appropriate medical practitioner without delay, which may include an ophthalmologist, optician or eye doctor. Unless specified otherwise, the sale and supply of products to you by SmartBuyGlasses does not and cannot constitute the provision of any advice whether of a professional or medical nature or otherwise.
10.8 SmartBuyGlasses shall have no liability arising from, relating to, or in respect of:
10.8.1 Your failure (or the failure of a Minor) to comply with the Additional Terms and Conditions for Prescription Eyewear; or
10.8.2 Your failure (or the failure of a Minor) to comply with all applicable laws.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU (OTHER THAN IN RELATION TO THE GOODS) IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
You agree to indemnify, defend, release and hold SmartBuyGlasses, its owners, affiliates, business partners, directors, officers, managers, employees, agents, authorized representatives, and permitted successor and assigns (each an "Indemnitee," and collectively, the "Indemnitees") harmless from any loss, liability, claim, demand, action, harm, damage, injury, cost or expense (including, but not limited to, reasonable legal fees and court costs) asserted by any third-party relating in any way to Your use of the Goods, Your breach of any applicable law, Your breach of these terms and conditions, or Your violation of such third-party’s rights, including, but not limited to, any intellectual property rights.
This Section 11 shall survive the termination or fulfillment of any Order.
12. Force Majeure
YOU AGREE THAT SMARTBUYGLASSES SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE, RESULTING DIRECTLY OR INDIRECTLY: (A) FROM 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) SOLELY FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE, OR (C) SOLELY FROM YOUR INTENTIONAL ACTS OR OMISSIONS.
Any notice or other communication to be given under these Terms must be in writing, in the case of notices to SmartBuyGlasses, in the case of notices to You, by pre-paid post or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.
14. General Provisions
14.1 In the interpretation of these Terms:
14.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement and
14.1.2 "including" means including without limitation and includes shall be construed accordingly.
14.2 You may not assign, sub-contract, sub-license, or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.
14.3 These Terms incorporate by reference the following additional terms: a) SmartBuyGlasses "100% Guarantee", as published on the Site, b) if the Goods include any item manufactured in accordance with a prescription from registered medical practitioner or optometrist, the "Additional Terms and Conditions for Prescription Eyewear".
14.4 These Terms and any relevant Order accepted by SmartBuyGlasses constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises, or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in SmartBuyGlasses catalogue and sales literature) and, subject always to the statutory rights afforded to You as a consumer, each party acknowledges that (save in the case of fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms or any relevant Order accepted by SmartBuyGlasses. None of our representatives, agents, or sales persons have authority to vary, amend, or waive any of these Terms on behalf of SmartBuyGlasses, and no variation, amendment, or waiver of these Terms by such persons shall have effect unless expressly agreed to by an authorised representative of SmartBuyGlasses with You in writing.
14.5 Failure by either party to assert its rights in relation to any breach of these Terms or any relevant Order on any occasion shall not be deemed a waiver of such rights.
14.6 If any provision of these Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms.
14.7 These Terms and any relevant Order are governed by the laws of Hong Kong. and the parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any dispute arising out of them.
15.1.1 Promotion codes are valid on the total cost of the order before shipping costs and/or applicable taxes are applied.
15.1.2 SmartBuyGlasses reserves the right to cancel, edit, shorten or extend promotions at any time.
15.1.3 Only one promotion per order may be applied unless noted specifically in the promotion details.
3. Additional Terms and Conditions for Prescription Eyewear
1.1 These Additional Terms and Conditions ("Additional Terms") are incorporated by reference into the Terms and Conditions of Supply in respect of any Order for the supply of Goods where the Goods include any item manufactured in accordance with a prescription from a qualified, registered medical practitioner or optometrist ("Prescription Order").
1.2 By placing a Prescription Order, You agree to be bound by these Additional Terms. If You do not understand or accept these Additional Terms, You must not place a Prescription Order.
1.3 Any term used but not defined in these Additional Terms has the meaning given to that term in the Terms and Conditions of Supply.
2. Your assurances with respect to any Prescription Order
2.1 By placing a Prescription Order, You warrant, represent, and undertake:
2.1.1 that You are not registered blind or registered partially sighted or suffer from glaucoma or any other related eye disease
2.1.2 that You are in possession of a written prescription in respect of the Goods that are the subject of the Prescription Order, and that such prescription has been given to You by a registered medical practitioner or registered optometrist ("Your Optician") following the testing of sight by him or her within the last twenty-four months if You are under 70 years old, or within the last twelve months if You are aged 70 or over, and that any recommended retest date has not elapsed
2.1.3 if sending SmartBuyGlasses Your existing spectacles to be copied, that the spectacles sent to SmartBuyGlasses are made to Your written prescription referred to in Clause 2.1.2
2.1.4 to supply, full, accurate, and complete details of Your current prescription (including any notes on the prescription) or a copy of Your original prescription when requested, and any contact details as given to You by Your Optician
2.1.5 that You know of no reason why the Goods (including the Goods that are the subject of the Prescription Order) may not be suitable for Your requirements
2.1.6 if You have worn spectacles or contact lenses before and have experienced any problems with the spectacles or contact lenses, to provide SmartBuyGlasses with accurate and complete details of such problems.
2.2 You undertake to indemnify SmartBuyGlasses in respect of all costs, expenses (including reasonable legal fees and costs), losses, damages and liabilities incurred or suffered directly or indirectly by SmartBuyGlasses by reason of any breach or alleged breach of any representation, warranty or undertaking of any provision of this Agreement, except where such costs, expenses etc. arise solely out of the fault of SmartBuyGlasses.
3. SmartBuyGlasses right to make enquiries with respect to any Prescription Order
3.1 You agree that, with respect to any Prescription Order, SmartBuyGlasses supervising opticians shall have absolute discretion:
3.1.1 to contact You to discuss Your Prescription Order, provide advice, and/or arrange a free face-to-face consultation with You or
3.1.2 to contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription.
3.2 If considered necessary or appropriate by one of SmartBuyGlasses supervising opticians, SmartBuyGlasses may as a condition of acceptance of Your Order:
3.2.1 request that You send SmartBuyGlasses the original written prescription (or a copy thereof)
3.2.2 request that You contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription
3.2.3 request that You obtain Your pupillary distance measurement from Your optician and/or
3.2.4 request that You obtain a new written prescription (if, by way of example only, the prescription provided with Your Order contains a retest date that has elapsed).
4. Pupillary distance and/or Segment Height
SmartBuyGlasses will use an appropriate, average pupillary distance and/or Segment Height set by its supervising opticians, unless:
4.1 You send Your pupillary distance and/or Segment Height measurement to us and/or
4.2 one of SmartBuyGlasses supervising opticians considers at his/her absolute discretion that it is necessary for You to obtain a pupillary distance and/or Segment Height measurement.
5. Confirmation of prescription
The Goods may contain written confirmation of the prescription of the Goods. If the prescription stated does not match the prescription You set out in Your Prescription Order, do not use the Goods or any items accompanying the Goods and please contact us by telephone or email and inform us of the problem.
a) Our mobile applications (the “Apps”) may include a “Lens Scanner” feature (“Lens Scanner Feature”) which allows our Sites’ users to scan their prescription glasses in order to extract their optical parameters, and to receive such parameters (as such were extracted) which may include sphere (power), cylinder (astigmatism), and axis, and also to determine the distance between pupils (in millimetres rounded to 0.5mm) (“PD”) by analyzing our Site’s users’ uploaded picture.
b) You may use the Lens Scanner Feature only if you comply with all the following pre-conditions:
the prescription glasses scanned under the Lens Scanner Feature were manufactured based on a prescription provided to a person aged between 18 years old and 45 years old;
the scanned eyeglasses optical parameters ranges are: - Myopic with spherical power between -0.25 and -6.00 diopter - Hyperopic with spherical power between +0.25 and +3.00 diopter - Astigmatic with cylinder power between Cyl -0.25 and -2.50 - Single-vision only (no multi-focal, bi-focal or progressive lenses) - Have no prism measurement in your prescription
iii. the prescription originally used for the prescription glasses scanned under the Lens Scanner Feature is still valid under laws and regulations applicable to the Site’s user, and was issued by a certified optometrist no longer than 24 months prior to the scan.
the scanned prescription glasses were issued for a person who (a) does not suffer from a medical condition that may influence the results or the Lens Scanner Feature or their applicability, including without limitation amblyopia, diabetes, hypertension, glaucoma, cataracts, retinal detachment, crossed-eyes, brain injuries, neurological issues, etc, and/or (b) does not suffers from vision discomfort or symptoms of acute eye pain, flashes and/or floaters in eyes. And we assume no liability for any damages arising from your non-compliance with the above or with any of the instructions accompanying the Lens Scanner Feature.
c) We do not provide medical advice and our services do not constitute the practice of medicine. You agree and acknowledge that the Lens Scanner Feature scan results, may be influenced and/or distorted as a result of various factors such as a health condition, your non-adherence to the instruction of the Lens Scanner Feature, and/or the hardware you use with the Lens Scanner Feature (e.g. computer screen, smartphone).
d) Use the Apps and/or the Lens Scanner Feature therein, which may only be made by users from the USA and Canada through the Apple or Google local application stores.
e) We reserve the right to modify, cease and/or remove the Lens Scanner Feature, or any part thereof, at any time and at our sole discretion, with no liability therefor.
f) The Lens Scanner Feature has been developed and is owned and provided by 6over6 Ltd., and we shall have no liability or responsibility with respect to the Lens Scanner Feature scan results.