Terms and Conditions of use
Here is a legal agreement (the “Agreement”) between You, the individual, business or organization (“you,” “your,” or “Customer”) and also 5DollarEyewear .com Inc. (“we,” “our” or “Company”). By ordering, accessing, making use of or buying any kind of product or service (collectively the “Product”) through this web site or maybe associated web sites (collectively the “Website”), you are agreeing to be bound by, and are being a party to, this Contract. Do not accept the conditions for this Agreement do not ever make use of this Web site or even order Product or service. Your use of this Web site implies that you agree with the conditions and terms of this Agreement. We may perhaps at our sole and absolute decision alter, include, change, or even remove parts of this Agreement any minute without notice. This is your own duty to review this Agreement for adjustments before using the Web site or even ordering of the Product or service.
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
Customer Service Department
We strive to offer the best customer service for all our products. Please contact our Customer Service Department at service@5DollarEyewear.com should you feel that you are not receiving the support and care that you deserve.
If you ever think that you might have been billed in error, kindly alert our Support Services Unit instantly. In case we do not quite hear from you within 30 days after such type of billing error first occurs on any account statement, the billing is going to be considered approved by you for all purposes, which includes resolution of inquiries made by your own bank credit card issuer. You will be considered to have released Company from all liabilities and claims of loss as a result of any kind of mistake or discrepancy which is not reported to Company within thirty (30) days of the actual occurrence on your bank credit card account billing statement.
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order Product from our Website. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
Limitation of Liability
To the maximum extent legally permitted, whether or not company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. The products are sold and delivered to you “as is” with no warranty whatsoever. Except as expressly stated otherwise in this sections, we make no express warranties or representations and we disclaim all implied warranties and representations, including, wihtout limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Web Site.
Intellectual Property Rights
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this website or from Company, you expressly agree that your do not have any license for the resale of any Product and that the resale of Product is expressly prohibited.
We respect and take seriously the intellectual property of others, please feel to contact us at service@5DollarEyewear.com with any questions or concerns.
Foreign Transaction Fees
In some instances, billing for your Product or shipping fee may originate from outside of the United Sates and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars USD.