TERMS AND CONDITIONS AND DISCLAIMER

1. TERMS AND CONDITIONS

M/s D’Optikart is a sole proprietorship company having its registered office in Uttar Pradesh (hereinafter referred to as ‘Company’). The Company is in Optical sales through stores and other internet based mediums. This Agreement for the Terms and Conditions of use of the Company’s stores and/or Website/s (hereinafter referred to as ‘Agreement’) describes certain terms and conditions to access and use the stores and/or website/s of the Company by a visitor or a registered user and order products (hereinafter referred to as the “End User”, “You” or “Your”)

2. ACCEPTANCE OF TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.

You expressly agree to be bound by this Agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, You agree to be bound by the terms and conditions detailed herein.
The Company recommends that, irrespective of whether You are a Visitor or a Registered Member who proposes to utilize the Service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for Your own records. Or You may even take a print out of the same.

The Company expressly states that the Services provided or offered by D’Optikart and the Agreement which You are required to be bound by is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. In the event, if You are not legally permitted to enter into a contract or are for some reason either due to Your age or any other reason not permitted to enter into an Agreement, then, You are not permitted to utilize the Services provided by this D’Optikart or enter into this Agreement. In the alternative You could order Products under parental supervision.

Your acceptance of this Agreement and utilization of Services implies and You expressly and implicitly represent to the Company that You are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind You and your parents to this Agreement.

In the event that You are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then, You expressly confirm that You have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, You state that You have the right to bind such individual/s, company/ies, third parties or any entities to this Agreement.

The Services made available on or through this Website has been made available to You for the specific purpose of enabling Users to purchase original merchandise such as eyewear (which includes both spectacles and contact lens) , watches and bags from various high end brands (collectively, “Products”). It is not intended to be providing You with any nature of certification, guarantee or warranty or any professional advice and is a mere information and guidance. By accessing, browsing and using this Website/s, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, You are ultimately responsible for determining Your specific requirements.
You are strictly prohibited from unauthorized use of our systems or this Website/s, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.

You acknowledge that the Company may disclose and transfer any information that You provide through this Website to

(i) our affiliate or information providers,

(ii) to any third party but strictly with Your permission, or

(iii) if we are legally bound to disclose any information due to compulsions under law.

You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website You agree to such transfers.
You expressly agree and acknowledge that usage of the Website/s may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.

You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of this Website or the Services, You implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website.

3. RETURN, REFUND OR EXCHANGE POLICY

The Company provides You a return, refund or exchange opportunity on your purchase, in the event you are unhappy you’re your purchase provided You meet with the following conditions:

(a) The request for return, exchange or refund should be raised within 7 (seven) days of the receipt of the products;
(b) The price tag and any other identification tag, the invoice and the original packing must be intact and sent back;
(c) 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;
(d) You need to mention your order number, the date of order and your date of receipt;
(e) Ensure that the return package is appropriately sealed and sent to the Company as any damage in transit will continue to be your responsibility and this policy will cease to be applicable;
(f) The Company has a dedicated team which will check the returned products and their decision of your request will be final to accept or reject;
(g) In case your request is accepted by our team, we would refund you an amount upto Rs. 100 towards the shipping cost or provide you with an voucher;
(h) To request for a return, refund or exchange, please contact our customer care at (0)

9013090305 or mail us at d.optikart@gmail.com and we will get in touch with you.
Following are the additional requirements for specific products:

(a) For Bags: Ensure all components are intact included any beads, threads, glass motifs, zips, buckles, etc. The bags must be unwashed and there should no stains.
(b) For watches: Ensure no scratches are made. All screws, paraphernalia, stones, crystals etc., which were embedded, should remain intact and must be returned with all the original box, instructions, guarantee and any other extras or complimentary offers, if any.
(c) For glasses: Ensure no scratches are made. The frames 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 refund, return or exchange process will be initiated only after we have received the product/s in the condition as mentioned above.

As stated You could either get a refund of cash or exchange it for a voucher. If this is not applicable, You could exchange the purchase product for a different product of the same value or a higher value. No difference will be paid in case the exchange is made for a product of a lower value. The option will be communicated either via an e-mail provided by You to us or through a contact number which You have notified us. The Company 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.

Refunds are processed in 30 (thirty) working days but in case of payments by Cheque or Demand Draft, additional days may be required to dispatch and for the funds to be credited to your account.

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, the Company would not be responsible or liable for the same. Your claims will have to be raised with the original manufacturer /producer/reseller. If feasible, the Company may provide reasonable assistance in this regard.

This policy is only for customers in India and we won’t be able to provide exchange, returns or refunds to our international customers due to prohibitive shipping costs.

4. LIMITATION OF LIABILITY

THE COMPANY 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Disclaimer

  • D’Optikart holds the copyrights of all texts, graphics and data on this website.
  • Company name and logo displayed at doptikart.in and its stores is exclusive property of company. Any entity, must take written consent of D’Optikart, to copy, re-publish, alter and distribute any of these intellectual properties.
  • We intent to use pictures free from copyright. In case anyone has objection on any picture(s), please write us on d.optikart@gmail.com and after reviewing the concern, we will immediately remove the required picture.
  • We can neither guarantee nor can we warrant the accuracy of the colour and description of the product. It may differ from the one on D’Optikart.in.
  • Franchise owners will be directly liable for any dispute occur at their stores. D’Optikart don’t provide any guarantee or assurance to any customer of Franchise stores.
  • The medical information on D’Optikart is a mere reference for customers. We would like to recommend you to consult an eye doctor regarding any kind of problem with your eyes.
  • You are liable for any risk associated with your use of D’Optikart website or its franchise stores
  • You will be solely responsible for any action taken by you in reliance upon the content of the website. D’Optikart is liable only for the purchase price of any item purchased by you from the website or stores
  • If any kind of damage; personal injury or death; lost profit, goodwill & data or business interruption takes place due to the use of the website, D’Optikart will not be responsible for it.
  • The agreement is governed by the laws of India. If any litigation arises out of this website, it shall be exclusively held in the Noida court only.
  • Any provision of this agreement, if found illegal or void, will be eliminated. However the remainder will continue to hold the full force and effect.
  • D’OPtikart is responsible for its direct store(s) and Website only. Franchise owners are directly responsible for any issue at the Stores.
  • The ‘terms of use’ and policies as well as the website is constantly improve, changed and updated. You are recommended to review the site regularly for any updates & changes. It will be taken for granted for the continuous users that they have accepted the changes. D’Optikart will not be liable for any ignorance on your part.

6. MISCELLANEOUS

(a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

(b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.

(c) To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

(d) Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

(e) This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.

(f) D’Optikart sells products under various brands & sub-brands (including its own brands such as OJO and others).

7. TERMS AND CONDITIONS FOR EYE TESTING APPOINTMENT

a. In selected places, D’Optikart franchises offer a facility for the booking of eye testing appointments. You may make appointments for eye testing by visiting www.D’Optikart.in or dialing to store directly. By making an appointment, you are confirming that:
  • You consent to an executive engaged by us to visit and be present at the premises designated by you for the purpose of eye testing and further, to pay any charges associated with such eye testing;
  • You will be available to attend in person at the designated premises at the chosen date and time;
  • The information provided by you to us while making the appointment and also the feedback and inputs provided by you to the executive is true and accurate;
  • You consent to us contacting you in connection with the eye testing appointment.
b. The calls made by you for the purpose of booking the eye testing appointment may be recorded for quality checking and feedback purposes. c. Please note that our executive will not undertake any eye examination and recommend you to an Ophthalmologist in case of the following. Please inform these to the executive before initiating the testing.
  • If the executive is not able to achieve 6/6 Vision (best-corrected visual acuity) in any eye
  • If the executive sees any abnormality in cornea or lid (external eye structures) like scar, excessive redness, discharge, watering which are indicative of infection/injury.
  • If your blood sugar or hypertension is not controlled
  • If your vision is not improving with pin hole test
  • If the executive is unable to get a reading with spot vision and also your previous prescription or power of glasses is not available
  • Children below the age of 12 years
  • Cases of glaucoma.
d. The refraction done and/ or a prescription given is not a complete eye-check up and we do not prescribe any medicine/ eye drops. This check-up will not detect any ailments related to the eyes. The executive shall undertake an elementary eye check which shall be limited to the following:
  • External examination of the eye with torch light
  • Mobility of the eyes in different gaze
  • Near point of convergence assessment
  • Assessment of vision
  • Refractive error assessment
  • Providing prescription
  • Suggesting spectacle lens and frames as per your requirement.
e. You may provide us with preferred time slots while making the appointment. The executive will use reasonable endeavours to keep any appointment you make with us for eye testing but we cannot guarantee that the executive will arrive on time in each case. If the executive is delayed, he or she will try to contact you a reasonable time in advance to let you know of any expected delay. From time to time, due to unavoidable reasons, we may also have to re-schedule an appointment. In such an event, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments or if we have to re-schedule an appointment. We will not be responsible if we are impaired or stopped from carrying out the eye testing by you for any reason whatsoever or are otherwise unable to provide carry out the eye testing as a result of any event that is outside our reasonable control f. You hereby authorise the executive to enter the designated premises (provided by you at the time of making the appointment) for the purpose of conducting the eye test. If the designated premises are not reasonably accessible to the executive, you will have the right to designate an alternate premise where the eye test may be conducted. We reserve the right to cancel any eye testing appointments which are not reasonably accessible to the executive. g. You agree to provide our executive with a safe working environment, working space, electrical power and any other facilities required for the purpose of conducting the eye test. You acknowledge that the executive may be an independent contractor or an employee. All our exectutives are certified Optometrists or Refractionists. You further acknowledge that we will not have any liability or claims that arise out of the actions of the executive. The results of the eye tests are based on the input provided by you and is subject to acceptable variance limits. h. In no event shall we be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with you availing the eye testing appointment. The foregoing limitation shall apply even if we knew of or ought to have known of the possibility of such damages.

8. SECURITY AND PRIVACY

M/s D’Optikart is a sole proprietorship company having its registered office in Noida, India. (hereinafter referred to as ‘Company’), Company knows that you (a visitor or a registered user) care how information about You is used and shared, and we appreciate Your trust that we will do so carefully and sensibly. We let you retain as much control as possible over your personal information. However, you may not visit and use our site at any time without telling us who you are or revealing the required information about yourself. To the Company, our most important asset is our relationship with you. We are committed to maintaining the confidentiality, integrity and security of any personal information about our users of our site. We are proud of our privacy practices and the strength of our site security and want you to know how we protect your information and use it to provide to You the services. This notice describes our privacy policy. By visiting this Website or our stores, You are accepting the practices described in this Privacy Policy. You further agree and consent to our collection, use, processing, disclosure and transfer of your personal data according to the provisions of this Privacy Policy

We release account and other personal information when we believe release is appropriate to comply with law; to enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and other similar matters. You hereby specifically consent and grant permission to disclosure and transferring of information to such third parties, as maybe required.

9. SECURITY OF INFORMATION

We work to protect the security of your information during transmission by using secure software during the part where you enter your credit card or net banking details, which encrypts information You input. We constantly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We do not and will not sell or rent Your personal information to anyone, for any reason, at any time, unless it is in (i) in response to a valid legal request by a law enforcement officer or government agency or (ii) where You have given Your consent, or (iii) utilize the same for some statistical or other representation without disclosing personal data. The information collected from You will be stored on the Company’s secured server and systems. The Company maintains secure and reasonable security practices and procedures which are proprietary and unique to the Company (“Security Practice”). Such Security Practice involves measures such as but not limited to password protection, limitation of access to specified personnel on a need to know basis, and security measures including encryption if required and other physical security measures to guard against unauthorized access to the server and systems and information residing on such server and systems. The Company’s Security process try to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of the information. The Company’s Security Practice contains managerial, technical, operational and physical security control measures which are commensurate with the information assets being protected and with the nature of business. You acknowledge and agree that the Security Practice and procedures as mentioned above are reasonable and are designed to protect the information provided by You. We only reveal those numbers of Your account as required to enable us to access and provide You the required services relating to Your accounts. We make every effort to allow You to retain the anonymity of Your personal identity and You are free to choose a Login ID email address and password that keeps Your personal identity anonymous. Access to Your Registration Information and Your personal financial data is strictly restricted to those of our Company employees and contractors, strictly on a need to know basis, in order to operate, develop or improve the Service. These employees or contractors may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. With the exception of a Login ID in the form of an email address, which may be provided on an anonymous basis, and Your Third Party Account Information, which is required for providing the services, the Company does not require any information from You that might constitute personally identifiable information. It is important for You to protect against unauthorized access to Your password and to Your computer. Be sure to sign off when finished using a shared computer. As described in this Agreement and with Your consent, the Company will from time to time connect electronically to Your online bank, credit card and other online financial accounts to process Your Order. Company will also use other third parties like courier companies to deliver products that you order on our website, to your delivery address. Moreover, before any transaction at any Franchise stores, please make sure of required security measures.

10. CONDITIONS OF USE, NOTICES, AND REVISIONS

Please do read the detailed terms and conditions of the Company’s Website at doptikart.in. If You choose to visit this Website, Your visit and any dispute over privacy is subject to this Agreement, including limitations on damages, arbitration of disputes, and application of the law of the Republic of India. If You have any concern about privacy at this Website, please send us a thorough description to d.optikart@gmail.com and we will try to resolve it. Our business changes constantly. This Notice and the Terms and Conditions of Website Use may also change, and use of information that we gather now is subject to the Privacy Policy in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless You have instructed us not to, but You should check our Website frequently to see recent changes.

11. GRIEVANCE OFFICER

The Company would be glad to provide assistance to You in case You have any queries or have any issues pertaining to this Security and Privacy policy. Kindly contact d.optikart@gmail.com

12. COOKIE POLICY

A cookie is a small text file that we place on your mobile device to enable various features of D’Optikart. “Cookies” are used to store user preferences and to track user trends, so as to enhance Your interactive experience and generally improve our services to You. You can change Your cookie settings to accept or not accept cookies in Your browser settings. If You do accept a “cookie”, You thereby agree to our use of any personal information collected by us using that cookie. If You do accept a “cookie”, You thereby agree to our use of any personal information collected by us using that cookie. Whenever we uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and us in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on our behalf.

13. NDNC POLICY

By using the website and/or registering yourself at D’Optikart you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from D’Optikart for the above mentioned purposes till 365 days of your registration with us. This Privacy Policy covers D’Optikart’s treatment of personally identifiable information that D’Optikart collects when you are on the D’Optikart site, and when you use D’Optikart’s services. This policy also covers D’Optikart’s treatment of any personally identifiable information that D’Optikart’s business partners share with D’Optikart. This policy does not apply to the practices of companies that D’Optikart does not own or control or to people that D’Optikart does not employ or manage. D’Optikart collects personally identifiable information when you register for a D’Optikart account, when you use certain D’Optikart products or services, when you visit D’Optikart pages, and when you enter promotions. D’Optikart may also receive personally identifiable information from our business partners. When you register with D’Optikart, we ask for your name, contact no and email. Once you register with D’Optikart and sign in to our services, you are not anonymous to us. Also during registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, notifications, and other services to your wireless device. By registration you authorize us to send sms/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us.

14. JURISDICTION

The Company controls and operates this Website/s from its registered office in Noida, India, and makes no representation that these materials are appropriate or available for use in other locations. If You use this Website/s from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Noida, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Noida, India. All disputes that may arise shall be resolved in Noida, India only. The courts in Noida shall have the sole jurisdiction regarding the subject matter of this Agreement.