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Access and use of this website is subject to the following terms and conditions.
Please read the terms and conditions set out below. When You access this site for the first time You agree to be bound by all terms and conditions for the use of this Service. We may vary the terms and conditions for the use of this Service from time to time by posting revised terms and conditions on the site.
It's Your responsibility to check whether the terms and conditions have been revised. Your use of this service after the date on which we post the revised terms and conditions shall be deemed to constitute Your acceptance of the revised terms and conditions.
If You do not agree to be bound by these terms and conditions You must stop using this site immediately.
Interpretation
In these terms and conditions:
"SpecMakers" or "Service" means the on-line service provided by us at www.SpecMakers.com from time to time.
- "Person" means an individual, or a body corporate or unincorporated, and "Persons" shall be construed accordingly.
- "You" or "Your" means the Person using this site or named in the registration details (if any) accompanying these terms and conditions.
- "Your Communications" means any communications received or sent by You through the Service including e-mails and other electronic messages.
- "Your Material" means any material within the Service which originated from You through the Service.
- "We" and "Us" and "The Company" means SpecMakers.com
United Kingdom use of this website. To comply with the UK law, you agree you are over 18 years old, not registered blind or partially blind and your prescription is not over 2 years old.
Billing information
You confirm and warrant that all the information supplied by You when You filled in the billing information is true, complete and accurate in all respects.
Response Time
We will respond to your email or telephone within a maximum of 48 hours and will send an email to you no later than one day, acknowledging receipt of your order. Any order submitted through this website, will be processed immediately for manufacture and will ship immediately completed and cannot be cancelled, if the goods are not available, you will immediately be informed of the delivery times. Your order will not ship until after the goods have been checked for quality, verified and processed by our QC Processing Department. Every effort is made to process most orders within 48 hours after receiving an order.
Credit Cards
SpecMakers accepts Visa, MasterCard and American Express only! There is no surcharge for using your credit card to make a purchase. Please be sure to provide the exact billing address and telephone number as recorded with your credit card issuing bank. We will ship to an alternate address only if we can confirm that the address is on file with your credit card issuing bank. Incorrect information may cause a delay in the processing of your order. Your credit card will be charged immediately your order is placed and the order submitted for manufacture. Your transaction will show on your credit card statement as International Traders Inc, the owners of SpecMakers. Your credit card details will be handled securely to ensure confidentiality - SSL encryption is employed to ensure sensitive data is protected
Refunds, Returns/Exchange and Order Cancellation policy
We are passionate about customer service so we naturally strive to provide excellent customer service. We will bend over backwards to help you have peace of mind and a pleasant experience when you shop on this site. An order may be cancelled only if that item is back-ordered and not available to ship. Any order submitted through this website is custom manufactured for you and therefore cannot be cancelled. SpecMakers reserves the right to cancel an order or to issue a Return Merchandise Authorization (RMA) for merchandise that is advertised in error that does not conform to advertised specifications, or was shipped in error. Charge backs from credit card issuing banks are subject to the above policies.
Because we value your satisfaction above all else, if in the unlikely event you are unsatisfied with your prescription eyeglasses from us for any reason, just return the eyeglasses and case in the original new condition, within 4 WEEKS with a copy of the order and we will replace it with a new frame and prescription of your choosing for only 50% of the cost of the new item plus shipping and handling. If your purchase is wrong due to any fault of ours, we will replace the item free of charge within 4 WEEKS from the date the incorrect goods are received back from you by SpecMakers. Please contact us using the form provided.
Order Acceptance Policy
Your emailed receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Item availability and prices are subject to change at any time, without notice. SpecMakers reserves the right to limit quantities, and to decline the acceptance of any order for any reason. SpecMakers reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity ordered of any item. All orders placed will be thoroughly researched before shipping, in accordance with the policies set by SpecMakers Credit and Fraud Avoidance Department. SpecMakers may require additional information and/or verification before accepting and processing any order.
Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, SpecMakers shall have the right to refuse or cancel any orders placed for products listed at the incorrect price without prior notification. SpecMakers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and the order is cancelled, SpecMakers shall immediately issue a credit to the credit card account in the amount of the incorrect price.
Shipping Policy and Information
Please visit our shipping page for rates.
Actual delivery time to you, MAY NOT account for extra time caused by your country's Customs and/or postal system inspections. For international shipments, SpecMakers.com attaches a mandatory green customs form to the outside of the package. This customs form lists the value of the order (the total price you paid less shipping costs) and states the contents as "Spectacles."
NOTE: If the delivery address is outside Hong Kong, your country and/or postal system may add additional costs which must be paid before or upon delivery. In most countries due to the low costs of 1 or 2 pairs of spectacles this does not happen, however any duty, Customs clearing charges, Value-added Tax and/or other charges required by your country are your responsibility and have not been included in your payment to SpecMakers.com.
Provision of the service
We agree to provide You with the Service in accordance with these terms and conditions.
The Service will be provided on an "as is" and "as available" basis. We cannot guarantee that the Service will be provided fault-free and We do not undertake or warrant that the Service will be free from defects.
We may temporarily suspend the Service either partially or completely for any reason. We will restore the Service as soon as reasonably practicable after a suspension. We will not be liable to You for any loss, which You incur as a result of any such suspension.
The pages contained in this site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in this site is only for information purposes. The material on this site does not constitute advice and You should not rely on any material on this site to make (or refrain from making) any decision or take (or refrain from taking) any action.
Your Communications may be monitored to allow support of the Service or where we have reason to believe there may have been a breach of the usage policy.
Use of the service
You warrant and undertake to us that You will use your best endeavours to ensure that the Your Material and Your Communications and your use of the Service is in compliance with all applicable laws and regulations and in particular that it is not in the opinion of Us:
· defamatory, offensive, indecent or of an obscene menacing character; or
· likely to cause annoyance, inconvenience or anxiety to any person; or
· likely to breach any copyright or confidentiality or privacy or other intellectual
· property of any person; or
· fraudulent or connected in any way with the committal or possible committal of a
· criminal offence; or
· material of a racial or sexually discriminatory nature; or
· "spam" mail; or
· material that contains a mail bomb; or
· a Trojan horse; or
· material that contains viruses or worms other disruptive programs or devices; or
· In breach of these terms and conditions of use.
You are fully responsible for the content of Your Communications and you must ensure that Your Communications do not cause disturbance or harassment of a recipient or other person. You are not permitted to send e-mails or electronic messages to recipients who have made clear that they do not wish to receive e-mail or electronic messages from You.
You are fully responsible for maintaining a copy of Your Communications and Your Material. We will not be liable to You for any loss, corruption or damage to Your Communications or Your Material.
Except as expressly permitted by these terms and conditions, You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of this site. In particular, You may not cache any of the contents for access by third parties nor mirror any content.
You may only download, use, reproduce and print materials appearing on this site for your own personal, non-commercial purposes.
Security
If you are using Netscape, Mozilla Firefox or Internet Explorer as your web browser, your online transactions are fully encrypted and secured with 128-bit encryption technology when you place orders at SpecMakers. Your credit card details will be handled securely to ensure confidentiality - SSL encryption is employed to ensure sensitive data is protected. You acknowledge that we may be obliged by law to store all of Your Communications or Your Material and activity logs for a particular length of time and that We may be required by law to disclose details about these to government and law enforcement officials and other such agencies.
Credit Card Fraud
SpecMakers.com is committed to protecting the use of your credit card and in eliminating credit card fraud. We use the AVS (Address Verification Service), to confirm if the Shipping address is different than the billing address. Check a Good/bad credit card database list, and if necessary do telephone confirmation and/or other methods to verify that only the legitimate owner is using the credit card. We capture all buyers IP address’s and check if it is in the same country, and region as the billing address. If the sale appears to be fraudulent, we prevent that sale from being settled and contact the authorities. Credit card fraud is a felony and SpecMakers.com will pursue credit card fraud to the fullest extent of the law.
Ending the service
If we delay in acting on a breach of this terms and conditions of use policy then
delay will not be regarded as a waiver of the breach.
Liability
In performing any obligation under this terms and conditions of use policy, our duty is only to exercise reasonable care and skill of a competent on-line Service provider.
We shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of your use of this site or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on this site or any site to which this site is linked.
Nothing in these terms and conditions limits allows our liability for death or personal injury resulting from our negligence.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
Disclaimer
SpecMakers makes no representations or warranties, either express or implied, of any sort with respect to the SpecMakers web sites, materials, their operation, information, contents, or Year 2000 compliance. SpecMakers disclaims all warranties, express or implied, of any sort with respect to the sites or their use, including but not limited to merchantability and aptness for a particular purpose. You, the purchaser, agree that SpecMakers, its directors, officers, employees and/or representatives, shall not be liable for damages arising from the operation, content, or use of the SpecMakers sites or the products sold therein. You agree that this limitation of liability is comprehensive and applies to all damages of any sort, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Third party sites
This site contains hypertext links to sites that are not operated by us or by our associated companies. We do not control such sites and are not responsible for their content. Our inclusion of hypertext links to such sites does not imply any endorsement of the material contained on the sites or of the owners.
Indemnity
You shall indemnify and hold us harmless from all losses, liabilities, costs and expenses in connection with any claim by any third party with respect to any alleged or actual infringement of copyright, trademark, Service mark or any other proprietary rights or any false or misleading statements or breach of advertising standards resulting from the use of this Service by you. This clause shall survive termination of this agreement for any reason whatsoever.
Privacy of personal information
We may use your personal information as described in our Privacy Policy acknowledge that any personal information disclosed by You in public areas of the Service is at your own risk and may be used by others.
Log files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Aggregate Information (non-personally identifiable)
We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
Intellectual property rights
All rights, including copyright, in the content of these web pages from time to time are owned or controlled for these purposes by SpecMakers.com
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on You any licence or right under any trademarks, names or logos.
Assignment
You are not allowed to transfer or attempt to transfer this agreement in whole or in part to any other Person.
Matters beyond our reasonable control
If We are unable to provide this Service because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (whether or not involving our employees), We will not be liable for this.
Jurisdiction
Any litigation regarding this agreement or any transaction between a customer and SpecMakers shall be brought to the provincial courts located in St Kitts and customer hereby agrees and submits to such jurisdiction and venue as proper.
12th October 2005
Errors and omissions accepted.
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