The use of any product, service or feature (the “Material/s”) available through the internet websites accessible at lvpeyebuy.com (the “Website”) by any user of the Website (“you” or “your”) shall be governed by the following Terms of Use:

WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT

1. General

  • 1.1. This Website (“LVPEI Software”) is provided by Hyderabad Eye Institute, the operating entity of LV Prasad Eye Institute (LVPEI), and may be used for only accessing the Services indicated. By using the Website or services through the Website, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions please do not use the Website or download materials from the Website.
  • 1.2 This Website, including all Materials present (excluding any applicable third party materials), is the property of Hyderabad Eye Institute and is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Website; and to refrain from and prevent any unauthorized copying of the Materials. Hyderabad Eye Institute does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. Downloading/copying/saving any information, content or images from this Website does not transfer any right or ownership of such information, content or images to you, and/or any other person not specifically authorized by LVPEI and/or such licensor and such downloading/ copying/saving shall also be subject to these Terms and Conditions. Such information, content or images shall be used solely in accordance with these Terms and Conditions and in accordance with law. You may not mirror and/or archive any part of this Website and/or any material contained in and/or posted on this Website on any server or computer without the express written permission from Hyderabad Eye Institute.

2. Services

Hyderabad Eye Institute provides the following internet based services through this Website which shall hereinafter be referred to as Services:

  • 2.1. Enabling users to purchase products featured on the Website (subject to availability). The products currently available for sale on this Website are sunglasses, contact lenses, spectacles and other related optical products. These products currently featuring on the Website and/or any additions and/or deletions to the same shall hereinafter be referred to collectively as “Products”;
  • 2.2. For payment methods see clause 8 on Payments. The sale/purchase of Products shall be additionally governed by specific policies of sale like cancellation policy, return policy, etc. and all of which are incorporated here by reference.

3. Limited License

Subject to the terms and conditions set forth in these Terms of Use, Hyderabad Eye Institute grants you a non-exclusive, non-transferable, limited right to access and use this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

4. Third Party Content

  • 4.1. The Website makes available information of third parties, including images, reports, tools and data (the “Third Party Content”) to facilitate services of the Website. You acknowledge and agree that the Third Party Content is not created or endorsed by Hyderabad Eye Institute nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to make any type of purchase decision. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the Website or the providers of the Third Party Content as to its accuracy, completeness or fitness. You agree not to hold the Website, any business offering products or services through the Website or any provider of Third Party Content liable for any purchase decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
  • 4.2. We have taken care to describe and show Products as accurately as possible however, the Products may vary from their description. If there is anything which you do not understand, or if you wish to obtain further information, please contact customer services on: lvpeyebuy@lvpei.org
  • 4.3. By using any Third Party Content, you may leave this Website and be directed to an external website, or to a website maintained by an entity other than Hyderabad Eye Institute. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Hyderabad Eye Institute makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Hyderabad Eye Institute or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Hyderabad Eye Institute or any of its affiliates or subsidiaries.

5. Intellectual Property

  • 5.1. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hyderabad Eye Institute and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Hyderabad Eye Institute.
  • 5.2. Copyright: We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to lvpeyebuy@lvpei.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

6. NO WARRANTIES

This site, the information and materials on the site, and any software made available on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. There is also no warranty that this site will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

7. Limitation of damages

In no event shall Hyderabad Eye Institute or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the website or any linked website, even if Hyderabad Eye Institute is expressly advised of the possibility of such damages.

8. Acceptance of Orders

  • 8.1. You will have to submit Your Order for the purchase of the Product as detailed under the Website/s;
  • 8.2. Once the order is submitted it is an expression of your intention to purchase the Product and the same may not be cancelled except as provided hereunder;
  • 8.3. Based on the information provided by You and subject to the LV Prasad Eye Institute’s verification of the same, the Orders will be accepted by the LV Prasad Eye Institute for processing;
  • 8.4. All orders will be processed once LV Prasad Eye Institute receives the payment for the Product;
  • 8.5. You acknowledge that with respect to contact lenses, LV Prasad Eye Institute reserves the right to verify the same with Your prescribing doctor as well as independent qualified optometrist/optician. And the acceptance of the order by LVPEI is subject to the same;
  • 8.6. Contact Lenses – By placing an order for contact lenses you are confirming that:
    • 8.6.1. You have a valid, up to date contact lens specification from your optician/optometrist.
    • 8.6.2. The information that you have entered is true and matches your contact lens specification provided by your optician / optometrist.
    • 8.6.3. You know no reason why the contact lenses being ordered are not suitable for your requirements.
    • 8.6.4. It is assumed that you have adopted a reasonable degree of care for use of the contact lens and it is also assumed that you have complied with the instructions from your optician/optometrist.
    • 8.6.5. You accept that LV Prasad Eye Institute reserve the right to cancel Your order at any stage without explanation
  • 8.7. All orders will be confirmed via e-mail;
  • 8.8. LV Prasad Eye Institute will use its best efforts to ensure that order placed by You is successfully processed subject to the availability of the Product/s. In the event the Product/s is sold out or unavailable, LV Prasad Eye Institute will intimate You regarding the same and either refund Your money or provide you with an opportunity to purchase a different Product of the same value.

9. Pricing and Payment

  • 9.1. The prices for Product/s are described on the Website/s and are incorporated into these terms by reference. All prices are in Indian rupees. The prices, products and services are subject to change without any notice and at LV Prasad Eye Institute’s discretion;
  • 9.2. All prices charged are inclusive of all taxes that may be required to be remitted to tax authorities;
  • 9.3. LV Prasad Eye Institute will use its best efforts to ensure that the accuracy of the prices and price related information stated on the Website/s. LV Prasad Eye Institute does not make any representation that the prices quoted on the Website/s will match the offers provided by stores
  • 9.4. In the event of any inadvertent mistake by LV Prasad Eye Institute in quoting the price, LV Prasad Eye Institute will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your Order;
  • 9.5. LV Prasad Eye Institute accepts the following form of payments: Online payment via Credit Card, Debit Card, Net Banking and Online Store Credits;
  • 9.6. You agree, understand, confirm and state that the card and/ or net banking details provided by You to transact on the Website will be correct, accurate and is owned by You. In the event You use the card and / or net banking belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the card / or net banking for making payments;
  • 9.7. LV Prasad Eye Institute will not be liable for any credit card or net banking fraud. The liability for use of a card or net banking fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User;
  • 9.8. In addition to all other remedies available under law and equity and as detailed under this Agreement, LV Prasad Eye Institute reserves the right to recover the cost of Product/s, collection charges, attorney’s charges etc., from an user using the Website/s fraudulently. Further, LV Prasad Eye Institute reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/s and any other unlawful acts or acts or omissions in breach of these terms and conditions;
             Note –
            Our payment service provider’s risk department might ask for certain documentation like Photo Id proof, address proof, card statement etc            for verification of some transactions. In such cases order will be processed once the customer provides the necessary documentation and is            verified and approved

10. Delivery and Cancellation

  • 10.1. LV Prasad Eye Institute expressly disclaims any guarantee of exactness as to the finish and appearance of the final Product/s as ordered by You based on the display on the Website/s. The quality of any Product/s, Services, information, or other material purchased or obtained by You through the Website/s may not meet your expectations. There may be alteration with respect to your Order. This will be intimated to you by LV Prasad Eye Institute. If you do not agree with the same, LV Prasad Eye Institute will provide you an opportunity whether to receiveoption of receiving online credits or voucher to be redeemed against the purchase of the alternative Product of the same value after the deduction of appropriate charges;
  • 10.2. Title and risk of loss for all Product/s ordered by You shall pass on to You upon LV Prasad Eye Institute’s shipment to the shipping carrier;
  • 10.3. LV Prasad Eye Institute will make delivery on a ‘best effort’ basis, after acceptance of Your order. Subject to events beyond LV Prasad Eye Institute’s control, the Product/s will be shipped within 10-15 working days of the acceptance of the order. Some products may take longer and the same will be communicated to your registered email address;
  • 10.4. LV Prasad Eye Institute will communicate the dispatch details to You and will ship the Product/s to the mailing address provided by You while placing the order. If you do not receive the Product/s within a reasonable period of time, You should immediately notify LV Prasad Eye Institute.
  • 10.5. You have an obligation to forthwith check the Product/s for accuracy upon receipt of the same;
  • 10.6. LV Prasad Eye Institute reserves the right to cancel an order in case the order request is not acceptable to LV Prasad Eye Institute. Upon such cancellation, LV Prasad Eye Institute will refund the money to You. Any such cancellation shall be at the sole discretion of LV Prasad Eye Institute and You will have no right to contest the same. The reasons for cancellation could be due to non-availability of the Product/s, in accuracy in Product or pricing information or due to reasons of any fraud or wrong usage of payment mechanism adopted by You. Any cancellation will be intimated to You by LV Prasad Eye Institute.
  • 10.7. In the event You desire to cancel any order, then, such cancellation must be done prior to LVPEI’s dispatch of the Product/s to you. Once dispatched, LV Prasad Eye Institute will not accept any cancellation request from Your end

11. Return , Refund or Exchange Policy:

  • 11.1. To initiate a return:
    • 11.1.1. Sunglass and Frame purchases can be returned in 10 days. Once the order has been delivered to the customer, the customer has 10 days to initiate the return.
    • 11.1.2. Please email us at opticals@lvpei.org with details of the product/ products you would like to return & your reasons for returning them.
    • 11.1.3. Customers have the option to ship the package back to us and will be reimbursed as per our Terms & Conditions.
      IMPORTANT

Please feel free to email us at opticals@lvpei.org within 72 hours from the time of receipt of the product; if the product you receive is damaged or broken. Unfortunately, if the information reaches us after 72 hours we will not be able to process your request. If you inform us post 72 hours about the product being broken or damaged, we will assist with repair on a case to case basis. Please feel free to email us at opticals@lvpei.org

  • 11.2. To be eligible, the following conditions need to be met:
    • 11.2.1. The request for return, exchange or refund should be raised within 72 Hours of the receipt of the products from our Website;
    • 11.2.2. The price tag and any other identification tag, the invoice and the original packing must be intact and sent back;
    • 11.2.3. The product should not have been used or should not have any dirt or scratches or tear or in short should not be rendered unsellable;
    • 11.2.4. You need to mention your order number, the date of order and your date of receipt;
    • 11.2.5. Ensure that the return package is appropriately sealed and sent to LV Prasad Eye Institute as any damage in transit will continue to be your responsibility and this policy will cease to be applicable;
    • 11.2.6. LV Prasad Eye Institute has a dedicated team which will check the returned products and their decision to accept or reject your request will be final;
    • 11.2.7. In case your request is accepted by our team, we would will refund you with an amount upto Rs.50/- towards the shipping cost as store credit only; OR the shipping costs should be borne by You
    • 11.2.8. In case, if the request of the return of the product is accepted, in that event LVPEI would after deduction of appropriate charges grant the refund in the form of online credits or by the original method of payment used by the customer.

Following are the additional requirements for specific products:
a) For Sunglasses & Spectacles: Ensure no scratches are made. The product and its parts should not be bent or twisted. All screws and any embedment should remain intact and must be returned with all the original box, instructions, guarantee and any other extras or complimentary offers, if any; The original lenses should not have been removed, refitted, replaced or changed.
b) Contact Lenses: Contact Lenses would be acceptable only if they are sent in an unworn condition, unopened and the original seal of the pack is intact. Travel Packs are non-refundable products;

The refund, return or exchange process will be initiated only after we have received and reviewed the product/s as per the conditions mentioned above.

As stated, You could either get a online store credit or exchange it for a gift voucher or exchange the purchase product for a different product of the same value or a lesser value, as applicable. No difference will be paid in case the exchange is made for a product of a lower value. All communications would be sent through the contact details provided by You at the time of placing the order. LVPEI is not responsible for any incorrect or mis-leading contact details. You will have a period of 7 (seven) days to confirm Your decision to us. In the event we do not receive any communication from You then your opportunity to obtain a refund, return or exchange will lapse;

Apart from these, in the case the original manufacturers/producer/reseller provide any specific warranty, then, those will be applicable subject to Your compliance with the warranty terms mentioned therein. With respect to the warranty offered by the original manufacturer /producer/reseller, LVPEI would not be responsible or liable for the same. Your claims will have to be raised with the original manufacturer /producer/reseller. If feasible, LVPEI may provide reasonable assistance in this regard.

12. Disclaimer

The website may contain inaccuracies and typographical and clerical errors. Hyderabad Eye Institute expressly disclaims any obligation to update this site or any of the materials on this site. Hyderabad Eye Institute does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Hyderabad Eye Institute reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Hyderabad Eye Institute may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.

13. E-mail Disclaimer

This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Hyderabad Eye Institute. Any form of reproduction, dissemination, copying, disclosure, modification, distribution and / or publication of this message without the prior written consent of the author of this e-mail is strictly prohibited. Please contact the sender and delete all copies if you believe you have received this email in error.

14. Indemnity

You agree to indemnify and hold harmless Hyderabad Eye Institute, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms of Use

15. LIMITATION OF LIABILITY

LVPEI SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES ARISING – IN ANY WAY, SHAPE OR FORM – OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THIS WEBSITE, YOUR USE OF THE SERVICE, YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE OR THIS AGREEMENT, EVEN IF LV PRASAD EYE INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Changes

Hyderabad Eye Institute reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. Hyderabad Eye Institute may terminate, change, suspend or discontinue any aspect of the Hyderabad Eye Institute Website, including the availability of any features of the Site, at any time. Hyderabad Eye Institute may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability. Hyderabad Eye Institute may terminate the authorization, rights and license given above and, upon such termination.

17. International Users and Choice of Law

  • 17.1. This Website is controlled, operated and administered by LV Prasad Eye Institute from its offices within India. Hyderabad Eye Institute makes no representation that materials at this site are appropriate or available for use at other locations outside of India and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If you access this Website from a location outside of India, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of law’s provisions. You agree that the appropriate court in Hyderabad, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and you consent to personal jurisdiction in such forum.
  • 17.2. These Terms of Use constitutes the entire agreement between Hyderabad Eye Institute and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.