Terms & Conditions
TERMS AND CONDITIONS OF USE:-
Thank you for visiting the Krishna Ecommerce Technologies Private Limited web
site (the "Site") www.optiwar.com . Krishna
Ecommerce Technologies Private Limited is a leading online retail store and
information site for spectacle frame and lenseses and related products. The
Site is designed by us, Krishna Ecommerce Technologies Private Limited.,
("we" and "us") a company with limited liability situated
in and vested under the laws of the New Delhi, to provide a convenient, private
and informative shopping experience for consumers to purchase spectacle frames
and lenses and related products 24 hours a day, 7 days a week. We offer a large
selection of spectacle frame and lenseses and related products, along with a
wealth of information designed to help consumers make educated purchasing
decisions. We want each visitor to the Site ("you") (i.e. any natural
person acting on the Site with purposes having no relationship to his/her
commercial or professional activity) to have a safe, pleasurable visit, so we
have established the following general terms and conditions so that we (we and
you) know what to expect from each other.
These general terms and conditions (which include the returns policy,
intellectual property policy and privacy policy) are applicable to any use of
the Site and to any agreements concluded between you and us through the Site.
If you do not agree to these Terms and Conditions, you cannot use this Site
and/or buy any products or services through this Site. We may make changes to
the Site, these Terms and Conditions of Use, or the policies and conditions
that govern the use of the Site at any time. We encourage you to review the
Site and the General Terms and Conditions periodically for any updates or
changes. Your continued access or use of the Site shall be deemed to be your
acceptance of these changes and of the reasonableness of these standards for notice
of changes.
YOUR ACCOUNT OBLIGATIONS:-
In consideration of your use of the Site, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
checkout form for your account 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 the Site. Account Information and certain other information about you are
subject to our Privacy Policy. Please review our Privacy Policy (below) to
understand our privacy related practices.
YOUR CONDUCT:-
Any conduct by you that in our sole discretion restricts or inhibits any other
user from using or enjoying the Site will not be permitted. You agree to use
the Site only for lawful purposes. You are prohibited from posting on or
transmitting through the Site any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
fraudulent, racially, ethnically, or otherwise objectionable material of any
kind, including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Site, use of the Site, or access to the
Site unless you first obtain our express written consent to do so. You agree not
to access the Site by any means other than through the interface that is
provided by us for use in accessing the Site.
VALID PRESCRIPTION REQUIRED:-
You hereby certify that you have a valid prescription or having atleast the
knowledge of your current prescription for the spectacle frame and lenseses or
the optical frames and lenses that you are ordering. You represent and warrant
to Krishna Ecommerce Technologies Private Limited by placing an order that your
information you enter into the Site is valid and true and matches exactly your
prescription as provided by your eye care provider. You further certify that
you will renew your prescription in strict accordance with your eye care
providers suggested regime. By ordering online on our website you hereby
CERTIFY that you are aware of your current prescription or you may contact your
eye care practitioner to obtain such information or you may consent to our
contacting your eye care provider, if necessary, to verify your prescription
information and any other necessary information. Us Contacting your eye care
practitioner has to be given us in writing via e-mail or in writing to our
postal address mentioned on contact us page
COLOR AND PRODUCT DESCRIPTION:-
We have made every effort to display as accurately as possible the colours of
our products that appear at the Site. However, as the actual colours you see
will depend on your monitor, we cannot guarantee that your monitors display of
any colour will be accurate. We have attempted to be as accurate as possible.
However, we do not warrant that the product descriptions are accurate,
complete, reliable, current, or error-free. If a product offered by the Site is
not as described, your sole remedy is to return it in unused condition.
DELIVERY:-
Deliveries will be as soon as possible to the address on your order and are
"best effort" based. Subject to delays outside our control, the
overall delivery period will not exceed 30 days.
Cancellation Policy
Cancellation policy is only applicable if the goods are not processed or
shipped
By processed means – product has been picked up from warehouse
compartment and any together lenses ordered if fit – the order will be
considered processed, thus no-cancellation
By shipped means – product has been picked up by the logistics company
for delivery to customer
RETURNS POLICY:-
We
have a limited returns policy
All customers seeking returns must write an email to admin@optiwar.com and
send the reason of returns , thus our management will seek each case to case
basis and agree or disagree for any refunds related to returns or cancellation
of the product
EYEGLASSES / SPECTACLES GLASSES POLICY
Shipping and Payment: -
If you order frames with single vision lenses, we will manufacture your order
within 2-7 business days and then ship it to you according to your chosen
delivery method. If you order frames with an upgraded lens option, such as
tinting, progressive lenses or higher index lenses, we will manufacture your order
within 5-12 business days and then ship it to you according to your chosen
delivery method. Your overall expected delivery date will depend on the
delivery method chosen.
Please keep in mind that quality assurance technicians inspect and verify each
and every eyeglass order. If your eyeglasses happen to fail quality assurance,
your expected delivery time will be delayed.
We accept the following forms of payment: Visa, MasterCard, Discover, Amex or
PayPal. Payments can be made online or by phone with approval from Payment
Gateway authority
Prescription: -
When you are fitted for eyeglasses by your Eye Care Practitioner, they should
provide you with a paper copy of your prescription. Keep in mind that spectacle
and spectacle frame and lenses prescriptions can be different, so you should
ensure that you are ordering the parameters for your spectacles and not for
your spectacle frame and lenses
TRADEMARKS: -
OPTIWAR logos, and service names used on the Site by Krishna Ecommerce
Technologies Private Limited are the trademarks of Krishna Ecommerce
Technologies Private Limited . Krishna Ecommerce Technologies Private Limited
trademarks may not be used in connection with any third-party products or
services or in any manner that disparages or discredits Krishna Ecommerce
Technologies Private Limited . All other brands and names (including
third-party product names) are the property of their respective owners.
If you are trademark owner who believes your rights are infringed,
please write us an email at admin@optiwar.com for our management to
review and respond to you directly
EXPORT:-
As per Indian Export Laws goods imported does not require authorisation for
re-exports unless and until they are prohibited by the law
INTERNATIONAL ORDERS (all orders Outside India)
Customer has to ensure they conform all compliance regulations of importing
goods in their country including formality of clearance, brokerage, any other
regulatory compliance
All cost which are part of import country including duties, taxes, regulatory
charges, VAT , any other charges imposed by courier company are payable only by
the customer
Optiwar.com.com is not responsible for any charges mentioned above
Returns from International Orders are only subject to approval and customer
must pay all return postal costs / courier costs
OUR RIGHTS: -
We may elect to electronically monitor areas of the Site 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 Site; 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 Site.
We may terminate your access, or suspend your access to all or part of the
Site, without notice, for any conduct that we, in our sole discretion, believe
is in violation of any applicable law or is harmful to the interests of another
user, a third-party 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.
TERMINATION: -
These terms are effective until terminated by either party. If you no longer
agree to be bound by the Terms and Conditions of Use, you must cease your use
of the Site. Subject to applicable law, we reserve the right to suspend or
deny, in our sole discretion, your access to all or any portion of the Site
with or without notice. You agree that any termination of your access to the
Site may be effected without prior notice, and acknowledge and agree that we
may immediately deactivate or delete your account and all related information
and files in your account and bar any further access to such files or the Site.
Further, you agree that we shall not be liable to you or any third-party for
any termination of your access to the Site.
APPLICABLE LAW: -
We make no representation that the Content in the Site is appropriate or
available for use in other locations, and access to it from territories where
its content is illegal or prohibited. Those who choose to access the Site from
other locations do so on their own initiative and are responsible for
compliance with applicable local laws. You may not use or export the Content in
violation of U.S. export laws and regulations. Any claim relating to the Site,
the services provided through the Site or the Content (a "Claim")
shall be governed by the internal laws of the Province of New Delhi and the
federal laws of India applicable therein, without reference to any choice of
law provisions. You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts in the Province of New Delhi, India and irrevocably agree
that all Claims may be heard in such court. You agree that a final judgment in
any such action or proceeding shall be conclusive and may be enforced in other
jurisdictions by suit on the judgment or in any other manner provided by law.
SITE CONTENT:-
You acknowledge that the Site contains information, data, software,
photographs, graphics, videos, text, images, typefaces, sounds, and other
material (collectively "Content") that are protected by copyrights,
trademarks, or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the Indian
copyright laws, and we own a copyright in the selection, coordination,
arrangement, and enhancement of such Content. You may not modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any of the Content, in
whole or in part. If no specific restrictions are displayed, you may make
copies of select portions of the Content, provided that the copies are made
only for your personal, information and non-commercial use and that you do not
alter or modify the Content in any way, and maintain any notices contained in
the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement accompanying such
software, if any.
ELECTRONIC COMMUNICATIONS:-
When you visit the Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications we
provide to you electronically satisfy any legal requirement that such
communications be in writing. If you wish to subscribe to our newsletter(s), we
will use your name and email address to send the newsletter to you. Out of
respect for your privacy, we provide you a way to unsubscribe. Please notify
admin@optiwar.com to opt out of newsletter.
LINKS TO THIRD PARTY SITES:-
Occasionally, we may make available a link to a third partys web site. These
links will let you leave the Site. The linked sites are not under our control
and we are not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites. We are not
responsible for webcasting or any other form of transmission received from any
linked site. We provide the links to you only as a convenience. We do not
endorse the site or its use or contents.
INTELLECTUAL PROPERTY POLICY:-
Because copying can harm rightful owners of IP rights we drafted the following
IP Policy:
You may not infringe any of the intellectual property rights associated with the
manufacture, design, branding and packaging of any products advertised on the
Site nor introduce any modifications to the products supplied by us unless the
nature of the delivered product dictates otherwise. Use of the Site does not
constitute a license to use in any way, any of the trademarks owned by us or
our licensors, including but not limited to the words {0}. All content,
designs, text, graphics, software compilations, underlying source codes, and
other graphic arrangements together with the compilation (meaning the
collection, arrangement and assembly) of all content on the Site are the
copyright of us or our licensors, where applicable. Permission is granted to
users to download and print one copy of the Site for their own personal,
non-commercial, use. Any other use of the Site including the reproduction,
modification, distribution, transmission, republication, display or performance
of the content of the Site without prior written consent from us is strictly
prohibited. Last but not least: you may not create and/or publish your own
database that features substantial parts of the Site without our prior written
prior approval.
PRIVACY POLICY
Read our full privacy policy
POLICIES
Security Policy
We take the security of your information very seriously. We currently use the
most effective payment gateway CC Avenues which enables to use Credit Cardds /
Indian Debit Cards and choose also to pay from your Net Banking accountAvenues
ensures that your credit card information remains totally secure.
We follow generally accepted industry standards to protect the personally
identifiable information submitted to us, both during transmission and once we
receive it. No method of transmission over the Internet, or method of
electronic storage, is 100% secure, however. Therefore, while we strive to use
commercially acceptable means to protect your personal information, we cannot
guarantee its absolute security.
If you have any questions about security on our Web site, you can email us
at admin@optiwar.com
DISCLAIMER OF WARRANTY:-
The content (as defined below) contained in this site is provided by Krishna
Ecommerce Technologies Private Limited as a service to its customers. This site
does not contain information about all eye diseases, nor does this site contain
all medical information that may be relevant to your eyecare needs. The
information provided in this site is only general health information, and is
intended only to facilitate communication between you and your professional
eyecare provider. This site does not provide medical diagnosis for any
individual and must not be used as a substitute for professional medical advice,
diagnosis, treatment or care. All specific medical questions you may have about
your specific medical condition, treatment, care, or diagnosis must be
presented to your professional eyecare provider. You should never disregard
medical advice or delay seeking professional advice because of any information
contained in or related to this site. Except as expressly and unambiguously
stated otherwise, Krishna Ecommerce Technologies Private Limited does not
endorse, operate, control, or assume responsibility for any product, brand,
method, treatment, information or service on this site. The information,
services, and products contained in this site are provided "as is"
without warranty of any kind, express or implied.Krishna Ecommerce Technologies
Private Limited and our medical advisors, consultants, and staff expressly
disclaim and exclude all warranties with respect to all information, services,
and products contained in this site, expressed or implied, including but not
limited to any warranties of merchantability, fitness for a particular purpose,
and non-infringement.
This site includes content provided by third parties and users. For such
content, Krishna Ecommerce Technologies Private Limited is a distributor and
not a publisher. Krishna Ecommerce Technologies Private Limited has no more
editorial control over such content than does a public library or newsstand.
Any opinions, advice, statements, services, offers, or other information
expressed or made available by third parties (including merchants and
licensors) are those of the respective authors or distributors of such content
and not of Krishna Ecommerce Technologies Private Limited or its affiliates,
officers, directors, employees, or agents. There are no warranties made as to
the completeness, accuracy, currency, or reliability of information published
by Krishna Ecommerce Technologies Private Limited . Krishna Ecommerce
Technologies Private Limited does not warrant that information, services, and
products contained in this site will satisfy your requirements or is without
defect or error.
Limitation on liability
You acknowledge and agree by your use of this site to assume full
responsibility for all risk associated with your use of this site, including
responsibility for all costs associated with all necessary servicing or repairs
of any equipment you use in connection with your use of this web site.
Under no circumstances shall we or any other party involved in creating,
producing, or distributing the site be liable for any direct, indirect, incidental,
special, or consequential damages for loss of profits, good will, use, data or
other intangible losses (even if we have been advised of the possibility of
such damages) that result from (i) the use of or inability to use the site,
(ii) the cost of procurement of substitute goods and services resulting from
any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the site; (iii)
unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the site; or (v) any other matter
relating to the service. You hereby acknowledge that this paragraph shall apply
to all content, merchandise, and services available through the site. Because
some states and provinces do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states and provinces liability
is limited to the fullest extent permitted by law.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
directors, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys fees, made by any third
party due to or arising out of content you submit, post to or transmit through
the site, your use of the site, your connection to the site, your violation of
the terms of use, or your violation of any rights of another.
GENERAL INFORMATION:-
These Terms and Conditions of Use constitute the entire agreement between us
(you and us) and govern the use of the Site. You also may be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. Our failure to exercise or enforce
any right or provision of the Terms and Conditions of Use shall not constitute
a waiver of such right or provision. If any provision of the Terms and
Conditions of Use 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 and Conditions of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site or the Terms and
Conditions of Use must be filed within one year after such claim or cause of
action arose or be forever barred.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding
our products, including the Site. We request that you be specific in your
comments on our services and products. If you send us comments, suggestions,
ideas, materials, notes, drawings, concepts, or other information (collectively,
"Submissions"), the Submissions shall be deemed, and shall remain,
our property. None of the Submissions shall be subject to any obligation of
confidence on our part, and we shall not be liable for any use or disclosure of
any Submissions. Without limiting the foregoing, you agree that we shall
exclusively own and hereby assign to us without compensation or further
obligation all now known or hereafter existing rights to the Submissions of
every kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions, including
the right to publish on the Site or elsewhere and to use the Submission,
including any suggestions, ideas, etc. contained herein.COPYRIGHT NOTICE.
Copyright © Krishna Ecommerce Technologies Private Limited Contacts.
All rights reserved. Any rights not expressly granted herein are hereby
reserved.
Information to brand /trademark owners listed on our website -:
If you believe that you are a trademark owner of a product which is listed on
our website for sale or any other purpose and wish to be removed from selling
your product from our website, please send a written request of removal of
listing from the website with adequate reason of removal
The request must be send at our postal address and e-mail address admin@optiwar.com
We shall consult our boards and attorney before removing the product / content
and if approved by our board and attorney, we shall remove your product after
90 days of receiving the approval
