Terms of service

TERMS OF DELIVERY, REFUND, AND REFUSAL OF PRODUCTS AND SERVICES

30/12/2019

Please read the following Terms and Conditions (Terms of service) before placing your order. When you place an order you will be asked to confirm that you have read and agreed to these Terms and Conditions. You will not be able to proceed with the order if you do not agree to these Terms and Conditions.

This website (“Online Shop”) is owned and operated by OhSpecs OÜ (registry code: 14876641) registered in Tallinn, Narva mnt 7, (Estonia) (“our, us” and “Agent”).

These terms and conditions (“Terms”) constitute a legally binding agreement ("Agreement") between you (“User”, “Buyer” and/or “Customer”) and us, governing your access and use of Online shop and legal relations that arise from the purchase/order of Product or services (“Product, Products”) in Online shop. Therefore, by using an Online shop, these Terms will automatically apply to you. You should make sure that you review them carefully before using the Online shop. Your use of and access to any page or part of an Online shop indicates that you agree to comply with and be bound by all of these Terms and conditions, including the Privacy policy.

Persons who are not registered in Online shop will be able to view and access only some of the features available in it, but will not be able to use certain services. Such persons are required to comply with Terms of Use, Privacy Policy and other terms set forth in the Online shop and applicable laws.



These Terms consist of the following Clauses:

Terms of use and service, Prices of Products and services, the order contract and order processing, Payments, Delivery, Refusal rights, refunds and exchange, Complaints and guarantee, Packaging rules in case of a return, Governing law and dispute resolution, Intellectual property rights, Revision of terms, Customer support service and contact.

1. TERMS OF USE
1.1. The use of Online shop and registering (creating an account) is free of charge.
1.2. You must provide accurate, complete and up-to-day information that is required for the registration process and to renew it when it changes. Detailed information about the types of data you must provide can be found in our Privacy Policy.
1.3. You can register an account using your email and password or using social networking platforms, such as Facebook or Google.
1.4. You shall not assign, disclose or otherwise transfer your account to any third party. You must ensure safe storage of login information and immediately notify us in case you have any reason to suspect that your login information has been lost, stolen or otherwise used or can be used by inappropriate third parties. All actions that are accomplished using Customer’s identification codes will be considered as Customer’s actions, and the Customer is liable for any results of such activities conducted through his account.
1.5. As soon as we suspect that any conditions of the Terms have been violated, we keep the right to cancel or suspend your account for the duration of the investigation.
1.6. The access to the Online shop and use of it, including viewing the pages, communication with us, downloading product information and making purchases in the Online shop shall be carried out by users exclusively for personal purposes which should in no way be connected to any trade, business or professional activity.
1.7. We reserve the right to change and modify the Terms at any time and you are responsible for checking the Terms regularly. You can find the date when the last amendments were put in place at the beginning of these Terms. You may reject the change and terminate the Agreement by withdrawing your registration in an Online shop immediately and by not using and accessing the Online shop. In that case, prior consent to any earlier versions of Terms will remain in effect and enforceable as to any dispute between you and us. By continuing to access or use Online shop and its services, you agree to be bound by the revised Agreement.

2. PRICES OF PRODUCTS AND SERVICES
2.1. The price of the Product is indicated on the product page.
2.2. Delivery is free of charge.
2.3. The online shop can change the prices of Products in Online shop at any time.

3. ORDER CONTRACT CONCLUSION AND ORDER PROCESSING
3.1. Order contract between you and the Agent is concluded, when Customer processes shopping cart, indicates address, chooses payment method, examines these Terms and presses button ‘Order’. The contract is in force while all of its responsibilities are fully accomplished. If the Customer does not agree with the Terms fully or partially, he is prohibited to order any Product.
3.2. After choosing Product Customer adds his selection to the shopping cart by pressing ‘Add to cart’.
3.3. It is possible to change the number of Products and to remove the Product from the cart before the payment.
3.4. To place the order, requested information has to be provided, the payment method has to be chosen and the button ‘Checkout’ has to be pressed.
3.5. Order is considered processed when ‘Checkout’ is processed, payment is received by the Seller and the Customer will be notified upon receipt of the order confirmation at the email address provided.
3.6. If ordered Product is not available, Agent will cancel the order. The order can be canceled fully or partially. The customer will be immediately informed about canceling and shall decide to keep or to cancel the rest of his order.
3.7. In the event of full or partial cancellation of an order, the Agent shall refund to the Customer the amount of money corresponding to the purchase price of the canceled Product.

4. PAYMENT
4.1. The customer makes prepayment in an amount of 100% of the value of Products purchased in an Online shop.
4.2. Order can be paid by payment card or payment systems available in an Online shop.
4.3. Payments are made with the payment methods provided by third parties - our partners, which guarantee safe and reliable transfers. The agent does not get information about the Customer’s bank or credit card.
4.4. When the order is confirmed and fully-paid, the Customer receives a confirmation e-mail with a consignment note.

5. DELIVERY
5.1. We will take all reasonable steps to ensure that the Products are delivered to you as soon as they are available and in any event within 30 days after acceptance of the order. However, delays may occur for reasons which are outside our control. If we become aware of any matter which indicates that delivery may be delayed beyond the period of 30 days after acceptance of the order, we will immediately inform you within that period. In any case, where we expect that delivery can be achieved within 45 days after acceptance of the order, we may extend the latest date for delivery to 45 days on notifying you, without requiring your agreement at that stage. In any other case, we may invite you to agree to a period for delivery longer than 45 days. If a longer period is agreed, we will send notice of confirmation of the agreement to you. If you are not willing to accept a longer period, you may cancel the contract and in those circumstances, you will not be charged for the Products and we will refund any payment of the Contract Price already made by you.
5.2. Products are shipped to you directly from the People's Republic of China (PRC) so, where applicable, you will be treated as the private importer of these products and you will be responsible for payment of any import duties or taxes. Buyers in countries outside of the EU will be responsible for any payment that may be due for local import duties or taxes on all Products. We will notify you when the Products are ready to be dispatched. We will ensure that they are packed safely and securely to protect them in transit and that they are marked in a proper manner and in accordance with any legal requirements and any requirements of the carrier. The Products will normally be sent by the appropriate shipping service depending on the location of the place where they are dispatched and the place where they are to be delivered, the shipping service has a right to deliver the products to the post office or self-pick up point and inform you about delivery at a certain place. Delivery will be taken to have occurred when the Products are delivered to the address stated by you in your order or you had been properly informed by the shipping service (by email, sms or another relevant tool) about delivery at the post office or another relevant point of self pick-up.

6. AVAILABILITY
6.1 All products advertised on the website are subject to availability. If for any reason, we are not able to supply the Products specified in the order because the Products are no longer available, you will not be charged for the Products and we will refund any payment of the Contract Price already made by you. In those circumstances we will not be liable to make any other payment to you and in particular will not be liable for any loss or damage suffered by you as a result of the failure to supply the Products. Alternatively, we may offer and you may agree to accept alternative Products by way of a variation of the contract, including any consequent variation to the Contract Price. The above provisions of this Paragraph also apply where a product is advertised on the website as being of limited availability at a specially discounted price and supplies of such a product are no longer available to us from the manufacturer or supplier at a reduced price. In such a case, you may have the option of purchasing similar or other Products at the normal price or receiving a refund.

7. REFUSAL RIGHTS, REFUNDS, AND EXCHANGE
7.1. The customer has the right to reject the contract without explaining the reasons within 30 days after receiving the order, submitting a refusal application to the Agent, which can be downloaded, written (as a letter or digitally signed document) or in any format, that could be transformed to the written format.
7.2. The agent will confirm receiving of refusal application by sending a notification to the Customer.
7.3. The customer has to return the Product within 5 calendar days after submitting the refusal application. Refusal time limit is counted from the date, when the Customer or indicated third person, except transporter, receives the order.
7.4. In case the Customer refuses the deal according to the refusal rights outlined in paragraph 7.1. of these Terms, the Customer has the responsibility to return Product to the Agent in the same state and in the undamaged original packaging as it was received. The product must not have any flaws or damages that decrease or make further use of the Product impossible or decrease the value of the Product.
7.5. When Customer refuses a deal, according to the refusal rights outlined in paragraph 7.1. of the Terms, Seller refunds the amount paid by the Customer transferring it to the Customer’s bank account within 14 days after all of the following conditions have been met:
7.5.1. The Agent has received and agreed to the refusal submitted by the Customer;
7.5.2. The Customer has returned the Product, and its original packaging and the state of the returned product conforms with the requirements established in paragraph 7.5. of these Terms;
7.5.3. There are no conflicts among both sides.
7.6. The Agent has the right to hold the paid amount refund until the moment the Customer returns the Product and its original packaging or submits evidence that the return to the Seller has been done.
7.7. By exercising the right of withdrawal, the Customer shall cover all expenses directly related to the return of the Product and its original packaging. The cost of returning the Product and its original packaging shall be borne by the Customer.
7.8. In case the Customer wants to exchange, repair, or replace the Product, the Customer has to fill out the return document that is added to the parcel. In case of exchange or replacement, Customer bears all costs that are directly linked to the return of the Product, unless the returned Product does not match what was ordered.

8. COMPLAINTS AND GUARANTEE
8.1. The agent is responsible for the inconsistency and defects of the Product within 2 years after delivery to the Customer.
8.2. If the Customer notices the product’s inconsistency or defects, he must inform the Agent about it immediately but no longer than within 2 months and send the relevant information by e-mail or via post services.
8.3. If Product is inconsistent or broken, firstly the Customer is entitled to request the Agent to rectify free of charge the non-conformity of the Product with the provisions of the contract or to exchange, free of charge, the Product for one that ensures compliance with the provisions of the contract, except where this is impracticable or disproportionate. The customer has a right to request a discount or reject the deal and get a full refund if:
8.3.1. The agent is unable to repair or exchange product,
8.3.1. The product’s repair or exchange was unsuccessful,
8.3.3. The agent is unable to repair defects in a reasonable time frame.

8.4. In case of returning an inappropriate Product, the Customer will get refunded the full amount paid for the Product including the delivery fees, if such would occur, by a transfer to the bank account chosen by the Customer within 30 days after the return of the Product, if all the following conditions have been met:
8.4.1. The Agent has received and agreed to the Customer’s application for non-conformity of the Product;
8.4.2. The Customer has returned the Product, and its original packaging and the state of the returned product conforms with the requirements outlined in paragraph 7.5. of these Terms;
8.4.3. There are no conflicts among both sides.
8.5. The Agent has the right to put the refund on hold until the moment the Customer returns the Product and its original packaging or submits evidence that the return to the Seller has been done.
8.6. Within the first month of delivery of the Products to the Customer, the Seller shall pay for the costs of repairing or replacing the Products. During the subsequent warranty period, the Agent will pay the relevant costs only if the claim is justified. In case of inconsistency or breakage of Product, Agent will not cover any expenses and take responsibility for those disadvantages, if:

8.6.1. Product’s condition degraded / Product was broken because of the Customer;
8.6.2. Defects appeared because of improper use of the Product, including poor care of the Product;
8.6.3. The product’s condition changed during normal use of it;
8.6.4. Copy of the document that confirms purchase was not submitted.
8.7. Instructions for use of Product is added to every Product. Defects, that appeared because of violation of these instructions, are not considered a guarantee case.
8.8. If there is Product breakage or severe damage that appeared because of the negligence of the Customer or poor care, refund, and free repair are not possible even before the guarantee time period is not over.
8.9. The product’s use and tear process is not a guarantee case. Environmental factors may cause a decrease of a frame’s brightness and scratches on the lenses, which are not considered as manufacturing defects.

8.10. In frameless and string constructions of glasses lenses in most cases are the part of support, that is why the Customer has to be especially careful with this type of glasses. Breakages or fractures of lenses because of the negligence of the Customer are not considered as guarantee cases.

9. PACKAGING RULES IN CASE OF RETURN
9.1. The Product must be packaged in a package in which the Customer received the Product. A customer has to complete the return label sent by the Agent at the time of delivery and affix it to the packaging
9.2. Returns shall be made by mail or delivery service provider.
9.3. The Customer is obliged to ensure that the Product is packed in such a way as to ensure the complete and safe transportation of the Product subject to the fragile Product requirements in such a way that the condition of the Product is not impaired during transportation and the value of the Product is not reduced. In particular, the Customer is obliged to inform the postal or delivery service provider of the requirements for the transportation of such Products.

10. GENERAL LIABILITY
10.1. We will be liable for any losses or expenses reasonably incurred by you which are the reasonably foreseeable result of a breach of these Terms and Conditions by us or any other unlawful act or omission by us. In the case of any defect in the Products where no personal injury is caused, our liability will be limited to the full Contract Price and the refund of any reasonable postage costs paid by the Buyer in returning the Products. We will not be liable for any indirect loss such as any additional costs incurred by you in obtaining another product from another source, or any other loss or expenses incurred by you by being prevented from using the Products from the expected date of delivery or at any time after that date. Refunds will be by the same method of payment made by you when paying for the original order.

11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. Without prejudice to the application of the mandatory consumer protection provisions, these Terms are governed by Estonian law.
11.2. In the event of a dispute between User and Online shop which arise because of any provisions of the Agreement or because of a product’s defects, User has the right to lodge a complaint to an Online shop. A complaint must be in any written form (or e-mail) and must contain the User’s name, contact information, the date of the complaint, description of the product's defect and requested solution. We will answer in any written format, including e-mail, within 15 days.
11.3. Please note that the European Commission provides a platform for the alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.
11.4. In the event of failure of performance or improper performance of the obligation, the Customer agrees that his personal data will be transferred to a debt collection company for processing, collection of debt and for possible data entry into public databases.

12. INTELLECTUAL PROPERTY
12.1. The Online shop contents, including but not limited to images, videos, logos, menus, web pages, graphics, colors, tools, design, methods, functions and any software which helps the Online shop to conduct its activity is protected by copyright and by all other our intellectual property rights and the relevant rights holders. The reproduction of the content, wholly or in part, and in any form whatsoever, is prohibited.
12.2. Users are only authorized to view the Online shop and its contents. The users are authorized to carry out temporary acts of reproduction, only for personal use, which are provisional or incidental and an essential part of viewing the Online shop and its content. Please note that any author of works published on Online shop is entitled to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honor or reputation.
12.3. All of the trademarks which distinguish Product posted sold in Online shop are registered trademarks of the respective owners and are used in Online shop for describing and advertising the Product. We and all other registered trademark owners are entitled to the exclusive use of the trademarks we respectively own. Any unlawful or unauthorized use of such trademarks is prohibited and entails serious legal consequences.

13. REVISION TERMS
13.1. Agent reserves the right to revise and amend these Terms at any time, particularly as a result of changes in applicable laws and regulations. If, in our opinion, a change to the Terms is material, the Seller will notify the User about such changes one (1) calendar month prior to the changes coming into effect. Other changes are always available in Online shop and you are responsible for regularly reviewing these Terms. If you do not agree to the revised Terms, you may terminate this Agreement and delete your account by sending a notice to the Agent one (1) calendar month prior to the termination of the Agreement. In this case, your acceptance of earlier versions of the Terms will remain in effect and will apply to any dispute between you and us. By continuing to access the Online shop after revised Terms enter into force, you agree to be bound by the new version of the Terms.
13.2. Notwithstanding the foregoing, changes to these Terms which (i) are more favorable to the User; (ii) required by law; or (iii) involve the addition of a new service; or (iv) do not diminish User's rights or increase User's liability - effective immediately if specified in the notice of a change.

14. Privacy Policy
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from ohspecs.com (the “Site”).

Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site and information about how you interact with the Site.

We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, details of your prescription for the eyesight correction, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns including retargeting).

Sharing your Personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

Behavioral advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including Canada and the United States.

Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

15. CUSTOMER SERVICE AND CONTACTS
OhSpecs OÜ (registry code: 14876641)
Address: Tallinn, Narva mnt 7, (Estonia)
E-mail: service@ohspecs.com
tel +37253313342