Effective Date of Current Policy: January 1, 2020
Thank you for coming to www.lensbuild.com (the “Site”). Lensbuild.com Limited, which does business as Lensbuild.com, operates the Site and provides services through the Site, but we’ll just go by “we”, or “us” to keep it simple. We know these types of documents can get pretty long, but we want you to read this, so we’ll do our best to keep it easy to read. We will also just refer to both the Site and the services available through the Site as the “Services” to try to keep things short—shorter at least.
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, we understand minors will also require our Services, so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
- Provide Your Prescription: You can provide your prescription information by one of the following methods:
- uploading a picture of your prescription from your computer;
- Providing your existing lenses in the returns box which will be copied. This obviously does not work if you require updated lenses with a different prescription.
Please note that your prescription must be valid on the date you place your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.
- Pupillary Distance Measurement: We will also need your Pupillary Distance (”PD”) to fill your order. If your PD is not on your prescription, there are a few ways to get it:
- Request it from your doctor. Your doctor should have measured this during your most recent eye exam, so give them a call and ask for it.
- Measure it yourself using a ruler. It is the distance in millimetres between the centre of both your pupils. With a male and female average of 63 and 61 respectively.
- Thin/Extra-Thin Lenses: These lenses are even thinner and lighter than our standard lenses and are great for users with strong prescriptions. These lenses may not, however, be appropriate for our younger or more active customers because they are less impact-resistant than most of the lenses we sell.
- Your Lenses: Lensbuild.com exists to offer you high-quality new custom lenses for your existing frames, which involves removing existing lenses. By sending us your frames with existing lenses in them, you acknowledge that Lensbuild.com will dispose of the existing lenses. If you would like your original lenses returned, you must request so prior to your order arriving at the lab. There are instances where your original lenses may break during the replacement process, and by sending us your frames with existing lenses, you acknowledge the risk that your lenses may break and agree that we will not return them to you if that happens.
- Delivery Information: We’ll need your name, address, and telephone number to send you your Lensbuild.com purchase. From the time that we receive your frames at our lab, lens production is about 4-7 business days on average. All lenses go through a meticulous quality inspection before being shipped back to you. If there are any imperfections at all, we may re-process your lenses so they are perfect, which can delay final shipment. Once shipped, you will receive an email confirmation with tracking number.
Standard shipping is included with all orders. Home pick-up is an option at a cost of €5.
- Payment: After you have made your lens selection and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
- Checking Order Status: You will receive a tracking number once the completed lenses have been installed and the glasses have been shipped back to you. However, if you’d like an update at any stage of the process please email us at email@example.com
- Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change an order, email us at firstname.lastname@example.org with the subject line “Change Order.” We can change an order up until your glasses have arrived at the lab. We can also cancel an order, but only if your glasses have not yet arrived at the lab. Once they arrive at the lab, we can no longer cancel and refund your order. If we have not yet shipped the first box to you, we will cancel your order and refund your purchase. If we have already shipped the first box to you, but the glasses have not yet arrived at the lab and you still want to cancel, we will refund your purchase.
- Risk of Loss: The risk of loss and title for all packages passes to you upon our or your delivery to the carrier (An Post, Fastway, Royal Mail)
- Returns and Re-Makes: Since we are making these lenses just for you, we are unable to sell them to someone else if you change your mind. If you decide you wanted a different option or coating, we have to remake the entire pair of lenses from scratch. Therefore we cannot accept any returns.
If the lenses match the prescription and specs we received from you and they are edged correctly, you should love them. If we make a mistake, or there is something you are unhappy about, we will do our best to make it right.
Re-makes: If we did anything incorrectly, we will happily re-make your lenses to your correct specs. You have 30 days from the day you receive your new lenses to notify us if anything is wrong. If it was our mistake, we will happily pay for shipping back to our lab.
- Access to your Prescription: If you have ever ordered prescription lenses from us, your prescription will be saved. You can request us to delete this file at any stage.
- Insurance: At this time, we do not accept insurance as payment for lens purchases.
- Breakage: Lensbuild.com is not liable for your frames breaking or getting damaged when they are in Lensbuild.com possession. Lensbuild.com reserves the right to deny an order once received at the lab if the frames you send in are at risk of breaking or getting damaged. If we are unable to complete your order, we will return your frames, and refund your purchase minus a €10 shipping fee.
- Frames That Are Not Possible to Glaze: If your frame arrives at our lab and are deemed not workable or are missing the demo lenses that are required to trace the shape for the new lenses, we will mail it back to you and refund your purchase minus a €10 shipping/packaging fee. If you are unsure if your frame is glaze-able, email email@example.com before placing your order and we will let you know.
- Frames That Arrive Damaged or Brittle: If your frame arrives at our lab and is damaged or brittle (i.e. very old, worn out, etc.) it may run a risk of breaking or getting damaged during the lens replacement process. If we deem your frame to be at risk, we will reach out to you and ask for your permission to proceed. You can choose to proceed with your order, send us a different pair of frames, or cancel your order. Should you choose to proceed with your order, and your frames get damaged or break during the lens replacement process, Lensbuild.com is not liable for any breaking or damaged caused to at-risk frames. In this instance, we will refund your lens payment, minus a €10 shipping fee. In addition, if you decide to cancel your order, we will return your frames to you and refund your lens purchase, minus a €10 shipping fee.
- Lensbuild.com Rights:
- Lensbuild.com reserves the right to cancel any suspected fraudulent orders (if your order is cancelled you will receive a full refund)
- Lensbuild.com reserves the right to alter pricing on any order if your order ends up costing more than expected (our team will reach out for consent on additional payment or give you the chance to cancel your order for a full refund).
- Language: Presently, our order process only supports the English language.
- Additional Operational Policies:
- A )If you lose the first box we send you (the box you are supposed to put your frames in and send back) and request a new one, there will be a €10 fee (this fee covers shipping and materials)
- B) If you forget to send your glasses to us within 90 days of your original order, we will cancel your order and refund your money
- Scratch Warranty: Lenses are covered for scratches and any coating defects for the first 90 days. This warranty does NOT cover scratches stemming from dropped frames, improper lens care, or lens cleaning with any substance and accessory other than Lensbuild.com provided cleaning kit.
- Lenses are made to the exact size/shape of the lenses sent in or to the size of the frame and cannot be altered.
We respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- identification of works or materials being infringed;
- identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- your contact information, including address, telephone number and, if available, e-mail address;
- a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
- a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by emailing firstname.lastname@example.org
You may see a lot of different content on the Services. Some of this content will come from other users or sources outside of Lensbuild.com. All content, including User Content and third-party content, is the responsibility of the party that creates it. Lensbuild.com does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of the Company.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Lensbuild.com will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Lensbuild.com or another party provides it.
- You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Services;
- what content you access via the Services;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
- You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
- THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lensbuild.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY Lensbuild.com OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, Lensbuild.com DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Lensbuild.com OR ANYONE REPRESENTING Lensbuild.com BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR Lensbuild.com’s SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS;OR (II) €500.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Lensbuild.com WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We do reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
No matter where you’re located, the laws of the Republic of Ireland will govern these Terms and the relationship between you and Lensbuild.com as if you signed these Terms in ROI, without regard to ROI state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the relevant courts in ROI for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and Lensbuild.com and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.