PRESCRIPTION LENS SCANNER

Terms & Conditions

• The contracts referred to in this section are between You, the person using the SmartBuyGlasses website ("You" or “Your”) and SmartBuyGlasses Optical Limited (referred to in these terms as “SmartBuyGlasses”, “We” or “Us”).

  The first contract is the "Website Terms and Conditions". This contract applies to ALL users of the SmartBuyGlasses website. If You use this website for any reason, You will be bound by the Website Terms and Conditions.

  The second contract is the "Terms and Conditions of Supply". This contract applies to EVERY purchase of goods from SmartBuyGlasses. If You order any goods from SmartBuyGlasses, You will be bound by the Terms and Conditions of Supply.

  In addition, if You purchase any prescription eyewear from SmartBuyGlasses, as well as the Terms and Conditions of Supply in relation to the supply of the actual goods, You will also be bound by the "Terms and Conditions for Prescription Eyewear Services" in relation to our prescription services. Please note that these are separate contracts and the termination or cancellation of one will not automatically affect the other. Please use the links below to review all of these terms and conditions:

   

  1. Website Terms and Conditions

  2. Terms and Conditions of Supply

  3. Terms and Conditions for Prescription Eyewear Services

  4. Terms and Conditions for Lens Scanner

   

  1. Website Terms and Conditions

  1. By accessing and/or using the SmartBuyGlasses website ("Site"), You indicate Your acceptance of these Terms of Use. If You do not accept these Terms of Use, You must stop using the Site immediately.

  2. The website is owned and operated by SmartBuyGlasses. Your access to and/or use of the website is subject to Your agreement to and compliance with these Terms of Use.

  3. SmartBuyGlasses may amend these Terms of Use from time to time and will update these Terms of Use on the Site. Your continued use of the Site after such amendments will constitute acceptance of the amendments by You.

   

  4. Who may use the Site?

  The Site is for visitors who wish to find out more about SmartBuyGlasses and for private consumers who wish to purchase SmartBuyGlasses’ products. You should read these Terms of Use in conjunction with the Privacy Policy, which is incorporated in these Terms of Use by reference.

   

  5. Your Right to Use the Site

  Subject to these Terms of Use, SmartBuyGlasses grants to You a licence to access the Site for the purposes of viewing the website and making purchases on the Site. You may only use the Site for lawful purposes, and in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of the Site by any third party. You must not interrupt or attempt to interrupt the operation of the Site in any way.

   

  6. Intellectual Property Rights

  All intellectual property rights in the Site or any of the Site's content (including all copyright and trademarks) ("the Materials") are owned by, or licensed to, SmartBuyGlasses or otherwise used by SmartBuyGlasses as permitted by applicable law. The Materials may not be reproduced for any commercial or public purpose (including scraping for price comparison purposes), republished, posted, broadcast, distributed or transmitted by You, or provided by You to any third party without the express written consent of SmartBuyGlasses. Nothing on the Website should be construed as granting You or any other person any right to use any Materials without the express permission of SmartBuyGlasses or the owner of the intellectual property rights in such Materials, except where You are expressly licensed to do so in accordance with these Terms of Use.

   

  7. Additional Terms of Use

  SmartBuyGlasses may publish terms of use additional to (but not in substitution of) these Terms of Use. You agree to abide by all such additional terms of use as they may be updated from time to time. In case of differences or discrepancies between these Terms of Use and such additional terms of use, the latter shall prevail to the extent of the inconsistency, and only in respect of the sections of the Site in respect of which those additional terms relate.

   

  8. Accuracy of content

  8.1 SmartBuyGlasses will make reasonable efforts to verify and maintain the accuracy of any content of the Site, but SmartBuyGlasses does not warrant that the content of the Site, including any pricing information on the Site, is or will be correct, up to date or error free.

  8.2 SmartBuyGlasses reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice.

  8.3 SmartBuyGlasses does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. SmartBuyGlasses does not assume any responsibility or risk for Your use of the Internet.

   

  9. Recommended Retail Price

  The RRP is the sale price suggested by the distributor of the branded eyewear. The Recommended Retail Price (RRP) is not mandatory, although manufacturers and distributors may suggest that retail outlets maintain a price within the range of their suggestion. Whereas our online prices are very competitive within the eyewear industry, we cannot guarantee that this RRP is always higher or lower than the prices in a retail store. In addition, due to the fact the top branded eyewear worldwide is made in Italy, the RRP is also based on a Euro exchange rate within the Countries our websites are featured. Exchange rates are updated to our websites on a periodic basis and we cannot guarantee its accuracy on a daily basis either.

  We encourage customers to compare prices via comparative price shopping engines online and through various other means in order to find the best deal. RRP is not the same as 'street price' - Street Price can be broadly defined as the price at which the item actually sells in the free market. Smartbuyglasses.ie is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and notice of price rollbacks in the market.

   

  10. Third Party Sites and Content

  As a convenience to You, SmartBuyGlasses may provide, on the Site, links to sites operated by other entities as well as network content provided, uploaded, published, or distributed by users and other participants in the Site ( "Third Party Content" ). If You use these sites, You will leave the Site. If You decide to visit any linked site or decide to use any of the Third Party Content, You do so at Your own risk and it is Your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements.. SmartBuyGlasses makes no warranty or representation regarding, and does not endorse, any linked sites, any Third-Party Content or other information appearing thereon or any of the products or services described thereon. Neither the use of Third Party Content nor links imply that SmartBuyGlasses, or any of the Site‘s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any provider of Third Party Content or any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of SmartBuyGlasses or any of its affiliates or subsidiaries.

   

  11. Linking to the Site

  All links to the Site must be approved in writing by SmartBuyGlasses prior to the creation of the link, except that SmartBuyGlasses consents to links in which: (i) the link "points" the user directly to the home page only and not to pages accessible from the home page (ii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked site and (iii) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by SmartBuyGlasses nor damage or dilute the goodwill associated with the name and trademarks of SmartBuyGlasses or its affiliates. SmartBuyGlasses reserves the right to revoke this consent to link at any time at its sole discretion.

   

  12. Information You submit to the Site

  All information SmartBuyGlasses asks You to submit to the Site will be treated in accordance with its Privacy Policy. Please note, SmartBuyGlasses will fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose information (including personal data) that SmartBuyGlasses have obtained through Your use of the Site.

   

  13. Limitation of Liability

  To the fullest extent permitted by applicable law, SmartBuyGlasses, its affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for any loss or damage arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise, in each case whether such loss or damage is caused directly or indirectly.

  Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

   

  14. Changes to the Site

  SmartBuyGlasses may terminate, change, suspend or discontinue any aspect of the Site at any time. SmartBuyGlasses may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. SmartBuyGlasses reserve the right to terminate Your secure log-in and suspend Your access to secure areas of the Site upon becoming aware that You have breached these Terms of Use.

   

  15. No Waiver

  No waiver by SmartBuyGlasses of any breach of any obligation arising under these Terms of Use shall constitute a waiver of any other breach and no failure to exercise or to partially exercise by SmartBuyGlasses of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

   

  16. Severability

  If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms of Use are intended to be effective, then to the extent that, and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

   

  17. Governing Law and Jurisdiction

  These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. The courts of Hong Kong are to have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of the Site.

   

  2. Terms and Conditions of Supply

  By placing an order with SmartBuyGlasses, You will be deemed to have understood and accepted these terms and conditions ("Terms"). If You have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before You place Your order.

  1. This Agreement is between You, the person placing an order for goods using the SmartBuyGlasses website (“You”) and SmartBuyGlasses Optical Limited. In these Terms:

  "Goods" means those products made available by SmartBuyGlasses that You wish to purchase, as indicated in Your Order.

  "Order" means orders placed in accordance with the provisions of Section 3.1. 
  "Site" means the website owned and operated by SmartBuyGlasses with URL address http://www.smartbuyglasses.ie

   

  2. Customer Obligations

  2.1 By submitting Your Order You warrant, represent and undertake:

  2.1.1 that You are aged 18 or over and are not ordering on behalf of another person (unless they are a minor)

  2.1.2 to provide any details reasonably requested by SmartBuyGlasses to confirm that You are eligible to purchase the Goods

  2.1.3 that You are acting in Your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than Your own personal use

  2.1.4 that You are the authorised holder of any credit/debit card You may use on the Site.

   

  3. Orders for Goods

  3.1 Orders must be placed via the ordering system on the Site.

  3.2 Your submission of the Order, whether submitted via the Site or other represents an offer to purchase the Goods from SmartBuyGlasses. SmartBuyGlasses may confirm receipt of this offer via email (if the Order is placed via the Site). For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that SmartBuyGlasses will supply any Goods to You. An Order shall only be binding upon Us once We have formally confirmed shipment to You.

  3.3 You may change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this time may be rejected by SmartBuyGlasses at its absolute discretion.

   

  4. Limitations of Supply

  4.1 SmartBuyGlasses shall make reasonable efforts to meet the requirements You specify in Your Order(s), however We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, SmartBuyGlasses will contact You to give You a choice to receive a replacement or a refund. If SmartBuyGlasses receives no response from You, SmartBuyGlasses may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.

  4.2 SmartBuyGlasses tries to ensure that the Goods supplied match the descriptions provided on the Site or in our current mail order catalogue. Whilst SmartBuyGlasses tries to ensure that there are no changes to the Goods to be supplied, You acknowledge that there may be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods and accept that such minor variations will not give You a right to refuse delivered Goods.

  4.3 SmartBuyGlasses shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order.

   

  5. Prices and Payment

  5.1 Subject to Clause 5.3, the price payable by You for the Goods shall be the price stated on the Site or the current mail order catalogue at the time Your Order is placed in accordance with these Terms. While SmartBuyGlasses uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, we do not warrant that the Site is error-free, or that You will not encounter a mispriced item in the catalogue or on the Site. If an item is mispriced or if the price has changed since the last catalogue was issued, SmartBuyGlasses will contact You and give You the choice to place an Order for the Goods at the correct price or to cancel the Order and receive a refund of any money paid by You

  5.2 Unless otherwise stated on the Site, all prices for Goods are in EUR.

  5.3 The postage, packaging and delivery charges for all purchases are given on our Site and in our mail order catalogue.

   

  6. Delivery and Carriage

  Delivery of the Goods shall be deemed to take place at the time the Goods first arrive in the country stated on Your Order on a DDU basis.

   

  7. Goods that are Defective on Delivery

  7.1 The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods

  7.2 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact SmartBuyGlasses by email and inform us of the problem within 5 days of delivery of the Goods. If SmartBuyGlasses (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed "Defective on Delivery".

  7.3 You must notify SmartBuyGlasses immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise SmartBuyGlasses within 100 days of delivery of the defect, the Goods will be deemed "Defective on Delivery".

  7.4 Except where the Defects relate to prescription services (in which case the Prescription Terms set out below shall apply), if the Goods are Defective on Delivery, SmartBuyGlasses will either repair or replace such Goods or refund the price paid for the Goods to You.

  7.5 If the Goods are Defective on Delivery, You agree to return the Goods to SmartBuyGlasses in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.

  7.6 SmartBuyGlasses shall reimburse You the reasonable costs of postage, packing and delivery in relation to the repair or replacement of any Goods that are Defective on Delivery upon written request.

   

  8. Manufacturing defects in Goods

  8.1 The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods.

  8.2 If You discover a manufacturing defect within twelve months of delivery of any Goods, You must notify SmartBuyGlasses immediately.

  8.3. If You return the defective Goods stating the manufacturing defect to SmartBuyGlasses, SmartBuyGlasses shall subject to Clause 8.4 at its absolute discretion, repair or replace such Goods.

  8.4. SmartBuyGlasses shall not repair or replace any Goods if (i) it has not received the defective Goods back from You or (ii) if the defect was caused by obvious indications of misuse or mistreatment of the Goods.

  8.5. SmartBuyGlasses shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse You the reasonable cost of returning the defective Goods.

   

  9. Transfer of Risk and Title in Goods

  9.1 Subject to Clause 7, title in the Goods shall pass to You when the Goods are dispatched from our warehouse to be delivered to the delivery address set out in Your Order provided that SmartBuyGlasses has received payment in full for the Goods.

  9.2 Subject to Clause 7, risk in the Goods shall pass to You when the Goods are dispatched from our warehouse to be delivered to the delivery address set out in Your Order.

  9.3 In the event of cancellation, risk in the Goods remains with You until the Goods are received by SmartBuyGlasses.

   

  10. Liability

  10.1 Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods.

  10.2 Subject to Clauses 10.1:

  10.2.1 the total liability of SmartBuyGlasses to You in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by SmartBuyGlasses for the Goods to which the Order relates.

  10.2.2 SmartBuyGlasses shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.

  10.2.3 SmartBuyGlasses shall not be liable to You for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if SmartBuyGlasses has been advised of the possibility of such loss or damage.

  10.2.4 SmartBuyGlasses shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false or misleading or that otherwise results from a breach by You of these Terms.

  10.2.5 SmartBuyGlasses accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.

  10.3 Before starting to use Your eyewear purchase You should try them on. If You experience any discomfort or problem in relation to any eyewear product purchased, You should stop using the eyewear in question immediately and You should seek advice from an appropriate practitioner without delay, which may include an ophthalmologist, optician or eye doctor. Please note that this does not apply to any prescription services, liability for which is subject to the separate Prescription Terms. Unless specified otherwise, the sale and supply of products to You by SmartBuyGlasses does not and cannot constitute the provision of any advice whether of a professional or medical nature or otherwise.

   

  11. Force Majeure

  SmartBuyGlasses shall not be liable for failure to comply with these Terms owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lockouts, pandemics, industrial action, war, disease or fire.

   

  12. Notices

  Any notice or other communication to be given under these Terms must be in writing, in the case of notices to SmartBuyGlasses, in the case of notices to You, by pre-paid post or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.

   

  13. General Provisions

  13.1 In the interpretation of these Terms:

  13.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement and

  13.1.2 "including" means including without limitation and includes shall be construed accordingly.

  13.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.

  13.3 These Terms and any relevant Order accepted by SmartBuyGlasses constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in SmartBuyGlasses' catalogue and sales literature) and, subject always to the statutory rights afforded to You as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms or any relevant Order accepted by SmartBuyGlasses. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms on behalf of SmartBuyGlasses and no variation, amendment or waiver of these Terms by such persons shall have effect unless expressly agreed to by an authorised representative of SmartBuyGlasses with You in writing.

  13.4 Failure by either party to assert its rights in relation to any breach of these Terms or any relevant Order on any occasion shall not be deemed a waiver of such rights.

  13.5 If any provision of these Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms.

  13.6 These Terms and any relevant Order are governed by the laws of Hong Kong and the parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any dispute arising out of them.

   

  3. Terms and Conditions for Prescription Eyewear Services

  1.1 These Prescription  Terms and Conditions ("Prescription Terms") apply in respect of any Order for the supply of prescription services in accordance with a prescription from a qualified, registered medical practitioner or optometrist ("Prescription Order").

  1.2 By placing a Prescription Order in relation to any Goods, You agree to be bound by these Prescription Terms in relation to the Prescription Order (but not the Goods). If You do not understand or accept these Prescription Terms, You must not place a Prescription Order. You may change Your Prescription Order within 24 hours of submission to the Site. Any change requested to a Prescription Order after this time may be rejected by SmartBuyGlasses at its absolute discretion.

   

  2. Your assurances with respect to any Prescription Order

  2.1 By placing a Prescription Order, You warrant, represent and undertake:

  2.1.1 That the product is for a person aged 16 years old and over, they are not registered blind or registered partially sighted or suffer from glaucoma or any other related eye disease;

  2.1.2 That You are in possession of a written prescription that are the subject of the Prescription Order, and that such prescription has been given to You by a registered medical practitioner or registered optometrist ("Your Optician") following the testing of sight by him or her within the last twenty-four months if You are under 70 years old, or within the last twelve months if You are aged 70 or over, and that any recommended retest date has not elapsed;

  2.1.3 if sending SmartBuyGlasses Your existing spectacles to be copied, that the spectacles sent to SmartBuyGlasses are made to Your written prescription referred to in Clause 2.1.2;

  2.1.4 to supply, full, accurate and complete details of Your current prescription (including any notes on the prescription) or a copy of Your original prescription when requested, and any contact details as given to You by Your Optician;

  2.1.5 that You know of no reason why the prescription services may not be suitable for Your requirements;

  2.1.6 if You have worn spectacles or contact lenses before and have experienced any problems with the spectacles or contact lenses, to provide SmartBuyGlasses with accurate and complete details of such problems.

  2.2 You undertake to indemnify SmartBuyGlasses in respect of all costs, expenses (including reasonable legal fees and costs), losses, damages and liabilities incurred or suffered directly or indirectly by SmartBuyGlasses by reason of any breach or alleged breach of any representation, warranty or undertaking or any provision of this Agreement, except where such costs, expenses etc. arise solely out of the fault of SmartBuyGlasses.

   

  3. SmartBuyGlasses right to make enquiries with respect to any Prescription Order

  3.1 You agree that, with respect to any Prescription Order, SmartBuyGlasses' supervising opticians shall have absolute discretion:

  3.1.1 to contact You to discuss Your Prescription Order, provide advice and/or arrange a free face-to-face consultation with You; or

  3.1.2 to contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription.

  3.2 If considered necessary or appropriate by one of SmartBuyGlasses' supervising opticians, SmartBuyGlasses may as a condition of acceptance of Your Order:

  3.2.1 request that You send SmartBuyGlasses the original written prescription (or a copy thereof);

  3.2.2 request that You contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription;

  3.2.3 request that You obtain Your pupillary distance measurement from Your optician; and/or

  3.2.4 request that You obtain a new written prescription (if, by way of example only, the prescription provided with Your Order contains a retest date that has elapsed).

   

  4. Pupillary distance and/or Segment Height

  SmartBuyGlasses will use an appropriate, average pupillary distance and/or Segment Height set by its supervising opticians, unless:

  4.1 You send Your pupillary distance and/or Segment Height measurement to us; and/or

  4.2 one of SmartBuyGlasses supervising opticians considers at his/her absolute discretion that it is necessary for You to obtain a pupillary distance and/or Segment Height measurement.

   

  5. Prices and Payment

  5.1 The price payable by You for the Prescription Order shall be the price stated on the Site at the time Your Prescription Order is placed in accordance with these Prescription Terms.

  5.2 Unless otherwise stated on the Site, all prices for Prescription services are in EUR.

   

  6. Issues with Prescription services

  6.1 If the prescription provided does not match the prescription You set out in Your Prescription Order, please contact us by telephone or email and inform us of the problem.

  6.2 Subject to Clause 6.1, upon receipt of the Goods which are the subject of the Prescription Order, You should try them on. If You cannot see clearly or if You experience any discomfort or problem in relation to any prescription eyewear product purchased, You should stop using the eyewear in question immediately and You should:

  6.2.1 seek advice from an appropriate medical practitioner without delay, which may include an ophthalmologist, optician or eye doctor; and

  6.2.2 notify SmartBuyGlasses promptly of any such issue. Provided You advise SmartBuyGlasses within 100 days of receipt of the relevant defective services, SmartBuyGlasses will either repeat the service or refund the price (plus any reasonable costs of postage, packing and delivery) paid for the Prescription Order to You.

  6.3 The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your Prescription Order.

   

  7. Liability

  7.1 Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your Prescription Order.

  7.2 Subject to Clauses 7.1:

  7.2.1 the total liability of SmartBuyGlasses to You in respect of all claims arising out of or in connection with a Prescription Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by SmartBuyGlasses for the services to which the Prescription Order relates.

  7.2.2 SmartBuyGlasses shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.

  7.2.3 SmartBuyGlasses shall not be liable to You for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if SmartBuyGlasses has been advised of the possibility of such loss or damage.

  7.2.4 SmartBuyGlasses shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false or misleading or that otherwise results from a breach by You of these Terms.

   

  8. Notices

  Any notice or other communication to be given under these Terms must be in writing, in the case of notices to SmartBuyGlasses, in the case of notices to You, by pre-paid post or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.

   

  9. General Provisions

  9.1 In the interpretation of these Terms:

  9.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement and

  9.1.2 "including" means including without limitation and includes shall be construed accordingly.

  9.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.

  9.3 If any provision of these Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms.

  9.4 These Terms and any relevant Order are governed by the laws of Hong Kong and the parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any dispute arising out of them.

   

  4. Terms and Conditions for Lens Scanner

  a) Our mobile applications (the “Apps”) may include a “Lens Scanner” feature (“Lens Scanner Feature”) which allows our Sites’ users to scan their prescription glasses in order to extract their optical parameters, and to receive such parameters (as such were extracted) which may include sphere (power), cylinder (astigmatism), and axis, and also to determine the distance between pupils (in millimeters rounded to 0.5mm) (“PD”) by analyzing our Site’s users’ uploaded picture.

  b) You may use the Lens Scanner Feature only if you comply with all the following pre-conditions:

  i. the prescription glasses scanned under the Lens Scanner Feature were manufactured based on a prescription provided to a person aged between 18 years old and 45 years old;

  ii. the scanned eyeglasses optical parameters ranges are:

  - Myopic with spherical power between -0.25 and -6.00 diopter

  - Hyperopic with spherical power between +0.25 and +3.00 diopter

  - Astigmatic with cylinder power between Cyl -0.25 and -2.50

  - Single-vision only (no multi-focal, bi-focal or progressive lenses)

  - Have no prism measurement in your prescription

  iii. the prescription originally used for the prescription glasses scanned under the Lens Scanner Feature is still valid under laws and regulations applicable to Site’s user, and was issued by a certified optometrist no longer than 24 months prior to the scan.

  iv. the scanned prescription glasses were issued for a person who (a) does not suffer from a medical condition which may influence the results or the Lens Scanner Feature or their applicability, including without limitation amblyopia, diabetes, hypertension, glaucoma, cataracts, retinal detachment, crossed-eyes, brain injuries, neurological issues, etc, and/or (b) does not suffers from vision discomfort or symptoms of acute eye pain, flashes and/or floaters in eyes. And we assume no liability for any damages arising from your non-compliance with the above or with any of the instructions accompanying the Lens Scanner Feature.

  c) We do not provide medical advice and our services do not constitute the practice of medicine. You agree and acknowledge that the Lens Scanner Feature scan results, may be influenced and/or distorted as a result of various factors such as a health condition, your non-adherence to the instruction of the Lens Scanner Feature and/or the hardware you use with the Lens Scanner Feature (e.g. computer screen, smartphone).

  d) Use the Apps and/or the Lens Scanner Feature therein, may only be made by users from the USA and Canada through the Apple or Google local application stores..

  e) We reserve the right to modify, cease and/or remove the Lens Scanner Feature, or any part thereof, at any time and at our sole discretion, with no liability therefor.

  f) The Lens Scanner Feature has been developed and is owned and provided by 6over6 Ltd., and, to the fullest extent permitted by Consumer Law, our liability with respect to the Lens Scanner Feature scan results is limited to resupplying the service again, or to replacing any glasses acquired in reliance on a defective scan.