Updated July 5 2019
Hardware Terms of Sale
BY PURCHASING A PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND THE LIMITED WARRANTY APPLICABLE TO YOUR PRODUCT.
1.1 In connection with the purchase of any Product, you must:
(a) provide up-to-date, complete and accurate registration information as requested by us, which may include your first and last name, mailing address, phone number and email address;
(b) provide up-to-date, complete and accurate information for a credit card that is valid and legally registered to you;
(c) if applicable, provide a valid, up-to-date prescription that contains all information required by applicable law in the manner prescribed by the Company;
(d) participate in any applicable sizing activity as required by Company, and provide an accurate pupillary distance measurement, and any other required measurements to ensure proper fit for the Product;
(e) comply with all Company sizing, fitting and adjusting instructions for Focals™ located at our Support Center
(f) participate in any activity as required by Company to ensure it is in compliance with any applicable dispensing laws or regulations;
(g) be 18 years of age or older, and meet all other eligibility requirements as determined by Company.
1.2 You specifically agree that Company will be relying on the accuracy of the information provided by you to Company, and Company will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Company. Company will not contact your eye care professional for prescription data on your behalf, and incomplete prescriptions may cause delays in filling your order.
1.3 All Products available from the Company are intended for end-user customers only. You may not purchase Products for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.
1.4 You shall not be entitled to change or cancel any order that has already shipped. If you cancel an order after a Product has been custom-made or customized for you, a cancellation fee may be applicable (as described below).
1.5 The Product is only available for sale and/or support in Canada and the USA.
2. DELIVERY AND SHIPPING
2.1 All orders are subject to acceptance by Company, and any rejection of an order may be made in Company’s sole discretion, regardless of whether the order was confirmed. If you have been charged for an order that is subsequently rejected by Company due in no part to actions on your part, Company will refund you as set out in Section 4 of these Terms.
2.2 Company will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. Company shall therefore not be liable in any way for any delay or damage arising from Company’s failure to meet your delivery requirements or any delivery dates.
2.3 Unless you are picking up the Product(s) at the Company’s retail location, all shipments shall be made using a carrier of the Company’s choosing. Risk of loss for Product(s) shall pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
2.4 You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect Product(s) in the shipment, you must notify Company and carrier immediately.
3. PRICING AND PAYMENT
3.1 All prices are in US or Canadian dollars, unless otherwise expressly stated in writing. Company reserves the right to change its standard prices without notice.
3.2 Prices are exclusive of, and you will pay: (a) all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), and (b) all fees and charges related to customs, duties and brokerage. Company may charge sales tax for sales of Company Products. Any sales tax charged will be indicated during the checkout process.
3.3 International shipping may result in taxes, fees and charges in relation to importation, customs, duties and brokerage (collectively, “Import Fees”). You will be the importer of record for the Product. We will try to estimate these Import Fees for you, but you are ultimately responsible for importing the Product and paying all Import Fees. You authorize us to designate a carrier to act as your agent with the relevant authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual Import Fees You are also solely responsible for ensuring that Products can be lawfully imported and used in the destination country.
3.4 If a payment by credit card is rejected or reversed, for any reason, you will be responsible for any fees and charges. If you end up owing any amounts to the Company as a result, the Company can charge interest equal to 1.5% per month, but not more than the maximum rate permitted by law. The Company may, in its sole discretion, delay shipment of, or cancel, your Product order where your credit card is rejected.
4.1 Product may be returned to the Company for a refund within thirty (30) days of the date you received the Product, provided however, if you return a custom-made Product or cancel an order for a custom-made Product after the manufacturing has begun for the Product, you will incur a restocking fee of USD$120 (CAD$160) for non-prescription Focals and USD$160 (CAD$200) for prescription Focals. If you are considering cancelling an order for, or returning a custom-made Product, please consult Company at email@example.com for details about whether a cancellation charge will be applicable.
4.2 In order to be eligible for refund, returned Company Products must not be damaged by misuse, abuse, or disassembly. All costs, such as shipping, associated with the return of Product are your responsibility and at your sole expense. When we received a returned Product, we will inspect it and notify you if the return has been approved for a refund. We will apply the refund, less the restocking fee, to the credit card that was used to purchase the Product within ten business days. If the card is no longer available, a store credit will be issued. It may take additional time for your credit card company to process a refund once we approve it. Please consult Company at firstname.lastname@example.org for details about return procedures should you have any questions. You acknowledge that this 30 day return policy is considered in satisfaction of applicable statutory "withdrawal rights" or "cooling off periods", and you waive all such statutory rights.
4.3 In addition to your right to return the Product as described in the above paragraph, the Product is subject to a limited hardware warranty, which is described below.
5. PRODUCT WARRANTY
(a) Company warrants to the original end-user purchaser of a new Product (“You”) that the Product manufactured by or on behalf of Company will be free from defects in materials and workmanship under normal use and in accordance with the instructions set out in the relevant Product documentation for a period of one (1) year from the date the Product was originally received by You (the “Warranty Period”). This Limited Warranty is not transferable by You.
(b) During the Warranty Period, if the Product is found by Company to be defective, Company will, at its sole option: (i) repair without charge to you the defective portion of the Product; (ii) replace the defective Product; or (iii) in if Company is unable to repair or replace the Product, Company will refund you the net purchase price you paid for the Product. All shipment of such Product is at your expense, unless Company otherwise agrees in writing.
(c) Company may, at its option, use new or refurbished or used parts in good working condition to repair or replace any Product. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for such minimum time period as required by the jurisdiction in which you reside.
(d) Any warranty service or support under this Limited Warranty is conditioned upon the return of Your Product to Company or a Company authorized service provider. Items replaced become Company property. When a refund is provided, the returned Product becomes Company’s property.
5.2 Exclusions and limitations
(a) This Limited Warranty does not apply: (i) to consumable parts, such as batteries, unless the damage was caused by a defect in materials or workmanship; (ii) to defects or non-conformities resulting from use of the Product in a manner contrary to, or not in accordance with, the documentation (including this Limited Warranty), guidelines or instructions provided by Company, (iii) any unauthorized disassembly, modification, maintenance or repair of the Product by anyone other than Company or its authorized service provider, (iv) normal wear and tear, (v) damage caused by misuse, exposure to moisture or liquids, proximity or exposure to heat, accident, abuse, or neglect; (vi) external causes including, but not limited to, power failure or electrical power surges; (vii) damage caused by operation or use outside the permitted or intended uses described by Company (including the intended operating environment); (viii) Your breach of the terms in this Limited Warranty; (ix) if the Product serial number has been defaced or removed; (x) if the Warranty Period has expired; (xi) to any accessories or peripherals other than the Product; (xii) if the damage or malfunction of the Product results from Your failure to abide by safety and product information provided with the Product; or (xiii) to Product marked as "sample" or sold "AS IS".
(b) Company does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Warranty does not cover any software shipped, pre-loaded, or distributed by Company or any third party, even if packaged or sold with the Product. All Company software is provided “AS IS”, and subject only to the license terms applicable to such software.
(c) Except to the extent that Company is expressly prohibited by law, this Limited Warranty is the exclusive warranty and remedies made and granted by Company to You. Company disclaims all other representations, warranties and conditions, whether express or implied, including but not limited to any express or implied representations, warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5.3 Limitation of liability
(a) In no event will Company or any of its authorized service providers be liable to You for any damages (including, without limitation, any loss of data, applications, peripherals or accessories) other than your direct damages and only to the extent arising from Company’s gross negligence or willful misconduct, and in no event shall Company’s aggregate liability exceed the amount paid by You to Company for the Product (or that portion of the Product) that gave rise to the claim.
(b) No claim may be brought against Company, whether in contract, tort or otherwise, more than two (2) years after the Product was purchased by You.
(c) The Product is solely intended for personal, consumer use in the manner set out in the relevant Product documentation. The Product is not intended for control, whether direct or indirect, of or use with industrial, commercial, military or medical equipment, and is not intended for any use where failure or fault of the Product could directly or indirectly cause risk or damage to life or property, or in any mission-critical application. Any such use is entirely at Your discretion and risk, and shall void the Limited Warranty. You will be solely responsible for (and Company disclaims) any and all loss, liability, or damages resulting from such use.
(d) IN NO EVENT SHALL COMPANY OR ANY OR ITS AUTHORIZED SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OPPORTUNITY, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND WHETHER OR NOT COMPANY OR SUCH AUTHORIZED SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.4 Support and product returns
You must obtain a valid, Return Materials Authorization (RMA) from Company as part of the warranty return process. Company reserves the right to refuse or return any Products sent back without an RMA. For instructions how to return your Product to Company or a Company authorized service provider please go to https://support.bynorth.com. Charges may apply when contacting Company or its authorized service provider via telephone. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in any e-mail correspondence with Company. Proof of purchase of the Product in the form of a dated receipt or invoice will be required, along with Your assistance in diagnosing any problem or defect. IF YOU RETURN YOUR PRODUCT DURING THE WARRANTY PERIOD, BUT IT IS NOT COVERED UNDER THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY, COMPANY’S STANDARD REPAIR AND RMA PROCESSING CHARGES MAY APPLY. Company may limit warranty services to the country where the Product was sold to you. Company is not responsible for data, software, applications, peripherals or information that may be damaged, lost or destroyed during servicing under this Limited Warranty. Any data backup, recovery or reinstallation is Your responsibility. The terms and conditions upon which Company may provide support for Products not covered by this Limited Warranty are set out at https://www.bynorth.com/legal/terms-and-conditions-purchase.
6.1 These Terms (which incorporate additional agreements that are referred to at the beginning of the document), is the entire agreement between you and the Company related to your purchase of a Product. These Terms may not be changed, except by a written contract between you and the Company, signed by an authorized representative of the Company. If any part of these Terms is found to be invalid, illegal, or unenforceable in any respect, that part of the Terms will be deleted. These Terms shall be governed b, the laws of the Province of Ontario, without regards to any principles of conflicts of law. Any dispute between the parties will be exclusively determined by the courts in Ontario. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act will apply to this agreement. It is the express will of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
7.1 For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.