TERMS & CONDITIONS | THOSOO

- THOSOO EYEWEAR -

POLOCIES & TERMS

Last updated April 2, 2024

THOSOO EYEWEAR - GENERAL TERMS & CONDITIONS OF USE

Thank you for visiting Thosoo Eyewear website (the "site" or thosoo.com). Thosoo Eyewear. is a leading online, retail store, and information site for eyeglasses and related products.

Thosoo Eyewear offers a large selection of designer and private label frames and related eye care products, along with information designed to help consumers make the most efficient and effective purchasing decision.

It is our wish that "you" ( any person acting on the site with intention of purchasing from the site or one of our locations ) to have a pleasurable experience. To achieve this, we have created these General Terms and Conditions so that you are aware of our policies regarding website and in-store purchases and post purchase protocols.

These General Terms and Conditions shown to you prior to any purchase, this is accomplished and acknowledged by you on the checkout page that indicates you agree to the Terms and Conditions. If you do not agree to these Terms and Conditions, you cannot use this site and/or to purchase any products or services through this site.

There might be instances in which changes to these Terms and Conditions or specific policies of the site and sales that occur from the site with Thosoo Eyewear, it is your responsibility to read through these Terms and Conditions upon each interaction with the site to be certain you fully understand the rules and regulations governing usage of this site and purchases on this site and post-purchase protocols. Your continued access or use of the site shall be deemed your acceptance of any changes to the Terms and Conditions.

CUSTOMER OBLIGATIONS:

In consideration of usage of this site, you agree to provide accurate & complete personal information required on the order page and update your personal information to keep the purchase Information current, accurate and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue we reserve the right to suspend or terminate your account and refuse any and all current and future use of the site including, but not limited to, sales resulting from the site.

In such a case, your account information and/or other information about you that we have gathered through your interaction with the site will remain the property of Thosoo Eyewear, but will not be distributed to any

third party. Account information is subject to our Privacy Policy which can be found on this site. Please review our Privacy Policy to understand our privacy related practices.

CUSTOMER CONDUCT:

It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using this site. Posting on or transmitting through any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind on the site including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Tampering with the site in any way without the express written permission of the site administrators constitutes a criminal offense that will be prosecuted to full extent of the law. Parsing any content within the site or copying any source code for the purpose of mimicking the look and feel of the site for any reason without the express written permission from the site owner(s) is forbidden under U.S. and International copyright laws and will be pursued vigorously through the U.S. and International legal systems. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the site, use of the site, or access to the site unless you first obtain our express written consent to do so. You agree not to access the site by any means other than through the interface that is provided by us for use in accessing the site.

PRODUCT DESCRIPTIONS:

We have made every effort on the site to display the information and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor. We cannot guarantee that your monitor's display of any color will be accurate. We warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the site is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy below.

PURCHASING POLICY:

Prescription:
You hereby agree & certify that the prescription you use to order prescription lenses or contacts is a valid. By placing an order on our website, the information you enter on the site is correct, valid, and true and matches your prescription exactly as provided by your eyecare provider.

You further certify that you will renew your prescription in strict accordance with your eye care provider's suggested regiment. You understand Thosoo Eyewear will not guarantee your order as to the terms set forth below unless you have a valid prescription. You hereby agree that www.thosoo.com and its representatives may contact your eye care provider with any questions, comments, or concerns in regards to your prescription.

When your eye care practitioner fits you for eyeglasses, they should provide you with a paper copy of your prescription with your pupillary distance included (PD). Keep in mind that eyeglass and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your eyeglasses and not contact lenses. When entering your prescription, it is your responsibility to enter it correctly, including but not limited to the pupillary distance (PD).

If not entered, Thosoo Eyewear. will assume an average PD and utilize that, however doing so, you agree that you forfeit all rights of return for a full refund and will only be granted store credit or an exchange in accordance with the rule above should the prescription be deemed faulty or inaccurate. The buyer must be a minimum age of 18 years old and it is the parent's responsibility to fill out the prescription accurately.

Coupons & Discounts

Thosoo Eyewear aims to keep their eyeglasses as affordable as possible and often distributes coupons and coupon codes through various channels to keep the cost of eyewear affordable. The administrative system does not allow for the combination of coupons and coupon codes may not be combined or added retroactively. As Thosoo Eyewear offers 100% Store Credit as an option during the Return process, using it is equivalent to an exchange, discount codes may not be used in conjunction with store credit when store credit is used as the primary form of payment.

E-Gift Card

The term "E-Gift Card" will hereby reference any E-Gift Card or E-Gift code sent virtually to a recipient from thosoo.com.

The Thosoo Eyewear E-Gift Card can only be used online at thosoo.com and may only be purchased in the following increments: $50, $100, $150, $200, or $250. No hidden fees or charges will occur with the purchase of an E-Gift Card.

The E-mail address of the recipient will solely be used for delivery of the E-Gift Card. The subsequent purchase resulting from an E-Gift Card may not be combined with any promotional coupon code but multiple E-Gift Cards may be used to pay for an order.

Coupons and other discount codes may not be used to purchase E-Gift Cards. Purchase amounts that exceed the value of the tendered Gift Card or E-Gift Card will require a credit card for the balance due. Adversely, purchase amounts that do not exceed the value of the E-Gift Card will result in a credit in the recipients account to be used in a future transaction.

No refunds or returns will be allowed for the E-Gift Card but any purchase made with the E-Gift Card are subject to the conditions laid out in our return policy. E-Gift Card will be valid for 6 months from the date of purchase.

Cancellation & Order Changes
Most orders from thosoo.com are processed within 8 hours after receiving the needed information. Therefore, we cannot accept cancellations. However, if you need to change your order, you may do so before the order is shipped, but it will count as your one-time exchange so make sure of your order before placing it.

Order Production & Processing
Your order will usually start the production process no later than 24 hours after the order was placed. Delays in order production may apply the customer gives insufficient information. Delays in production of the order may also occur should we have questions or concerns about the order or prescription. In cases where production is delayed, the customer will then be notified.

Shipment and Delivery
Deliveries from thosoo.com will be processed as soon as possible to the address on your order-from. All shipping times begin after the approximate three to five (3-5) business day production period although the processing times may take longer if you ordered progressive or bifocal lenses and in some cases transitions or tinted lenses.

In most cases, we will attempt to complete and deliver your order within 10 (ten) business days from the date your payment is confirmed, however, subject to delays outside our control, the overall delivery period should not exceed 30 days. Once the item has been shipped from a Thosoo Eyewear's facility, it is no longer the responsibility of Thosoo Eyewear.

Delays resulting from the carrier will be handled in a timely manner but are not the responsibility of the site.

Shipping Delays
It is important that you enter your address correctly, as our mailing program will not capitalize, punctuate, or space for you. If your package is to arrive at a commercial address – like an office – please indicate that your eyeglasses are to be delivered in care of the company name. The postal service does not and will not recognize individuals at commercial addresses.

Failure to input any part of your address will cause delays in your shipment and create added expense for your product. Thosoo Eyewear will not refund or exchange products that were shipped to an address that was missing information consequently making them undeliverable.

NOTE:

Orders, on average, can take 3-5 business days to process prior to shipment. Processing times may take longer if additions were added to the lens such as, but not limited to, coatings and tints. Additionally, progressive and bifocal lenses may take longer to process.

Returns Policy:

Returns & Exchanges

At thosoo.com, returns and exchanges are made easy.

We do our best to make returns & exchanges as easy as possible. We are confident that you will love our products. However, for some reason or another you are not completely satisfied with your purchase within 14-days of receiving them, you are entitled to a refund, exchange or store credit.

See below for further information on exercising your rights under our 14-day replacement guarantee. Glasses may simply be returned in their:

Unworn, Original, Merchantable condition, in the original case within 14 days of receipt of your order.

100% money back or store credit
Exchange of equal or lesser value

To begin your return, you must contact us at info@thosoo.com or call us at 347-627-8883 for more details.

Your return must include your case, cleaning cloth and glasses. For all returned orders, we require you provide us with a tracking number for your returned item. Exchanges, issues of store credit and refunds will only be processed once the item(s) arrive in our facilities.

We usually process your exchange within (3) three business days. However, please allow up to 30 days for the exchange process to be completed and refunded.

Refunds will be returned via the same method of payment used to order the product (credit card, debit card, PayPal, etc.). Please allow up to 30 days for the credit to appear in your account.

In the event that a "Buy One Get One" coupon is used, and one of the pairs are returned for a refund - 50% of the value of the returned pair will be refunded minus any applicable restocking fee.

Future orders or exchanges placed using a 100% store credit or an exchange code will not be eligible for another return.
For international orders, please send the return item, case & cloth in the original packaging to:

Thosoo Eyewear

115-11 Liberty Avenue

Richmond Hill, NY 11419

Important Notes:
* Exchanges are limited to (1) one exchange per item within 14-days.

* Returns can only be processed within the first 14 days of receiving the original item.

* Refunds will only be processed up to 30 days from the original purchase date.

* Store credit & warranty are non-refundable.

* Customer responsible for shipping within 6 business days from purchase; Otherwise, the return request will not be processed.

For questions regarding our return policy, please contact us at info@thosoo.com or call our customer service team.

20/20 ENHANCED ONE-YEAR COVERAGE WARRANTY: One Year Warranty Details
Purchase our 20/20 Enhanced Coverage Plan to ensure that your glasses are covered, whether you need a repair or replacement or change of prescription. Coverage of our 20/20 Enhanced Coverage Plan includes:

Accidental damage from handling
Prescription changes
Damage from normal wear and tear

Limitations and exclusions apply. Read below for full plan details.

Term of Coverage
$20 / Year - Single Vision
$40 / Year - Multifocal (also Bifocal)

For premium-marked brands/frames, an additional charge of $20 applies.

The enhanced warranty is limited to a one-time use within the 365-day grace period starting the day you receive your glasses. The warranty lasts one year (365 days) from the date your order was signed for, and can be verified with a tracking number.

Terms and Conditions
By purchasing the Thosoo Eyewear 20/20 Enhanced Coverage, you are consenting to the terms of the contract and acknowledging that you have had the opportunity to read the terms and conditions set forth herein.

Coverage

This Plan covers parts and labor of your product in the event your product is damaged. thosoo.com will replace the product, at our discretion, when required due to damage.

You, the customer, are entitled to a replacement of equal value to the original price. In the event that the original frame is still in stock, a replacement will be provided with the same lens package and protective coatings as in the original order.

In the event the original frame purchased is no longer in stock, you're entitled to a frame of equal or lesser value including lens package and protective coatings. In the event of a change in prescription of the original order, the customer must provide thosoo.com with the new prescription in order for it to be complete.

If the prescription change requires an upgrade in lens package, the customer will have to pay the difference.

Only after confirmation of the returned product will the customer be entitled to the warranty. An e-certificate will be provided in the same amount of the original purchase, which must be used within 3 months of receipt.

You, the customer, will be required to send us the defective product to our Returns Department. A Co-Pay amount of $20 replacement fee include standard shipping both ways within the US.

Free shipping not included outside the US. You will be charged by thosoo.com. In the event that you purchased extended coverage for a premium marked frame, you will be required to pay a Co-Pay fee.

Do not forget to send an email with a tracking number of the returned item(s); all items can be shipped to:

Thosoo Eyewear

115-11 Liberty Avenue

Richmond Hill, NY 11419

WHAT IS NOT COVERED: (1) DAMAGE FROM INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT, UNAUTHORIZED PRODUCT MODIFICATIONS OR ALTERATIONS; (2) FAILURE TO FOLLOW THE MANUFACTURER'S CLEAN AND CARE INSTRUCTIONS; (3) UNAUTHORIZED REPAIRS; (4) DAMAGE INCURRED DURING TRANSPORTATION; (5) DAMAGE FROM TAMPERING WITH ELEMENTS DESIGNED TO SECURE LENSES AND OR ARMS, OR UNAUTHORIZED PRODUCT MODIFICATIONS OR ALTERATIONS; (6) PRODUCTS THAT ARE LOST OR STOLEN; AND (7) EYE EXAMS OR OTHER MEDICAL EXPENSES ASSOCIATED WITH OBTAINING REPLACEMENT EYEWEAR

LIMITATION OF LIABILITY:
We do not and will not accept liability for any consequential or incidental damages that arise from outside sources and are out of or are related to the purchase of goods or services from thosoo.com.

We will not accept liability in cases where customers provide us with prescriptions not suited to their condition and personal prescription. We also will not accept prescriptions more than 2 years old.

We highly discourage customers from using eyeglasses that are not suited to their prescription.

COPYRIGHT AND INTELLECTUAL PROPERTY:
Thosoo Eyewear, the Thosoo Eyewear logo, thosoo.com, or service terms or names that are used on the site by Thosoo Eyewear are the sole property of Thosoo Eyewear, property may not be used for the sale or promotion of any third-party products or services or in any manner that disparages or discredits Thosoo Eyewear. All other brands and names (including third-party product names) are the property of their respective owners.

OTHER RIGHTS:
Thosoo Eyewear reserves the right to monitor areas of the site electronically and may at our sole discretion disclose any data or communication of any kind.

We may terminate or suspend your account and your accessibility to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third party or us. As Customer Service is the most important aspect of our business, we reserve the right to deny your purchase of any product or service if it is apparent that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer to protect ourselves.

TERMINATION OF TERMS:
These terms are effective until terminated by either party with no prior written notice. If you no longer agree to these Terms and Conditions, you must stop your use and visit of this site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the site with or without notice. You agree that any termination of your access to the site may be effected without prior notice, and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the site.

APPLICABLE LAW:
We make no representation that the content on this site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the site, the services provided through the site or the Content (a "Claim") shall be governed by the internal laws of the State of New York and the laws the United States of America applicable therein, without reference to any choice of law provisions.

You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of New York and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

SITE CONTENT:
You acknowledge that the site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

All Content is copy as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

You may not modify, remove, delete, augment, publish, transmit, participate in the transfer or sale of, or in any way exploit any of the Content, in completely or in part.

If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

INTELLECTUAL PROPERTY:
Because copying can harm rightful owners of IP rights we drafted the following IP Policy: You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise.

Use of the site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words Thosoo Eyewear. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the site are the copyright of us or our licensors, where applicable.

Permission is granted to users to download and print one copy of the site for their own personal, non-commercial, use. Any other use of the site including the reproduction, modification, distribution, transmission, republication, display of the content of the site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the site without our prior written prior approval.

SUBMITTED FEEDBACK:
It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including the site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.