TERMS AND CONDITIONS OF SALE
Moda Optics is an authorized online retailer of eyewear products and related accessories under the “Ray-Ban” trademark / logo (“Products”) in India.
ABOUT MODA OPTICS
Moda Optics is an authorized online retailer of eyewear products and related accessories distributed by Luxottica India Eyewear Pvt. Ltd. (“Luxottica”) under the “Ray-Ban” trademark / logo (“Products”) in India.
This website (“Website”) has been set up, and is operated and maintained by August Purple Services Pvt. Ltd. for the purpose of sale of Products by Moda Optics to end customers. The terms “We” / “Us” / “Our” used in this Policy refer to “Moda Optics” and the terms “You”, “Your”, “Yourself” in this Policy refers to the users of the Website / purchasers of Products on the Website.
1.TERMS OF SALE OF PRODUCTS ON THE WEBSITE
- Display of any Product on the website shall be subject to the conditions as to price, warranty, service, maintenance and / or any other terms specified for Products on the Website. The display of any Product for sale or any price list on the Website only constitutes an invitation to contract by Moda Optics.
- If You are satisfied with the details of the Product, and the terms and conditions on which it is being sold, You may choose to make an offer to Us to sell the Product(s) in your order.
- Moda Optics may accept any such offer made by You at its sole discretion. When you place an order for purchase of a Product, You may receive an email confirming receipt of your order, and details of the order placed by you (“Order Confirmation Email”). Please note that mere dispatch of such Order Confirmation Email does not constitute acceptance of your order by Moda Optics.
- Moda Optics may, subject to availability of Products, choose to accept the purchase order placed by you. When the Product is ready for delivery, Moda Optics will send an email confirmation to you that the Product has been dispatched (“Dispatch Confirmation Email”). The contract will be concluded when Moda Optics sends such a Dispatch Confirmation Email from its end, and thereby communicates acceptance of purchase order to You.In case you have ordered for more than one Product(s), then, it is possible that Your order may be delivered in more than one package to You. In such a case, Moda Optics will send a separate Dispatch Confirmation Email in respect of each package delivered to You.In such a case, each such Dispatch Confirmation Email will conclude the contract in respect of such Product(s) for which such Email has been sent by Moda Optics.
- Moda Optics may indicate the time period required for delivery of the Product on the Website. However, please note that any such time period is only indicative, and specified on estimated basis by Moda Optics. Moda Optics does not guarantee delivery of the Product within the indicated time period, and time is not of essence in the contact for purchase and sale of Products on the Website.
- You shall be bound to accept delivery, or to ensure acceptance of delivery of the Products upon their delivery to the shipping address. The logistic service provider will approach your shipping address once, for delivery of the Products ordered by You. If you neglect or refuse to accept delivery of the Products, or if there is nobody available at the shipping address to take delivery of the Products at the shipping address then, You shall be liable to Moda Optics for such non-acceptance of the Products delivered to you. Moda Optics may at its sole discretion levy and deduct such costs, damages, penalties etc. as it may deem fit to compensate itself for non-acceptance of the Products delivered to you
- You can also decide to cancel the order only if the Product is not invoiced ie the status of the product in that order is not marked as ‘Shipped’ in the My Accounts section. Once the product is dispatched from the warehouse, you can request a return and not cancellation. Moda Optics may at its sole discretion allow cancellation of such order subject to payment of such costs, penalties etc. as may be specified by Moda Optics at that point of time for cancellation of the order.
2.INFORMATION ABOUT THE WEBSITE AND THE GOODS
- Only persons resident in India are authorized to place orders for purchase of Products on the Website. The shipping address in any purchase order has to be in India.
- We try to make sure that all information on the Website, including descriptions of our goods and listed prices, isaccurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if We think that such an error has affected your order We will make allreasonable efforts to notify You via the contact information You provide to us on your account or during your order.
- Buying goods over the internet provides a different shopping experience from buying in-store. In particular, pleasebe aware that: (i) the colors of goods as shown on the Website will depend on many factors - including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) picturesand images on the Website are for illustration purposes only - for an accurate description of any item and details ofwhat is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your goodswithin a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please notethat all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); and (vi) not all goods and promotions that are offered on the Websitewill be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at ourdiscretion.
3.GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
- Limitation of Liability:In no event shall Moda Optics be liable for any indirect,punitive,incidential,special, or consequential damages arising out of or in anyway connected with the use of the website,or any goods purchased from the website,whether based incontract, tort, strict liability, or otherwise.Notwithstanding the foregoing,totalliability of Moda Optics for any reason whatsoever related to use of the website or goods purchased from the website shall not exceed the total amount paid by you to us in connection with the subject matter of the particular dispute.
- Warranties/RepairsRequirements: Luxottica India shall address your queries relating to warrantyand repairsrequirements. Please refer to our on our website for more details. Except as otherwise expressly set forth :(I) This website and all goods purchased by you through the website are provided on an“AS-IS” BASIS; and (II) Moda Optics makes no representations or warranties about the website or any goods purchased by you through the website for any purpose, and expressly disclaims all express arranties or warranty of fitness for a particular purpose.
- Events Beyond Our Reasonable Control (Force Majeure): We will not be responsible for any delay or failure tocomply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which isbeyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms,natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
- Waiver: Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
- Invalidity: In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and You will still be bound by them.
- Privacy: Personal information, such as your contact details, that You provide to us during the order process will be kept and used by us in accordance with our
- Notices and other communications: You will be required to provide a valid phone number and email at the time of placing your order with us. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communications. You hereby consent to receive all notices and communications from Moda Optics by the modes mentioned therein. You are required to use only the specific email id / phone number given by you at the time of placement of the order for communications with Moda Optics.
- Governing Law: This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of India.The parties (Moda Optics and You, the user / buyer) agree to submit to the jurisdiction of the courts in Bangalore, Karnataka to the exclusion all other courts.