populareyes™ 
Terms of Service Policies

 

Thank you for choosing populareyes® for your eyewear needs. We strive to provide you with the best products and services while ensuring a transparent and trustworthy relationship.  Our Mission is to enable you save money while enjoying the convenience and benefits of owning multiple pairs of eyeglasses and sunglasses.  Please take a moment to review our updated Service Policies. 
 
Who We Are: 
populareyes™ is owned and operated by Popular Eyes LLC, a Florida Limited Liability Company. With a rich history dating back to the eighties, we have been serving the eyecare industry and have sold hundreds of thousands of frames. Our dedication to quality is reflected in our global operations, where teams of experienced professionals meticulously source materials and craft each product with precision. 
 
 
Our Commitment to You:  
When you engage with our website or purchase our products, you enter into an agreement governed by the Service Policies provided herein. These policies outline the terms and conditions that regulate our relationship with you, our valued and esteemed customer.  Use of the terms “we”, “us” and “our” refers to Popular Eyes LLC.  You are at least 18 years old and/or the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use this site. 

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the pictures, descriptions, details, operating software or other use or element of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.   

 

 Your satisfaction is guaranteed!   Please review the returns policy on our website.  “POP CARE” is an optional, annual eyewear protection plan with benefits that include all maintenance and repairs that might be necessary during the year, including nose pad and screw replacements.  The plan includes replacement of broken or damaged frames, replacement of scratched or chipped lenses, accidental breakage or damage to frames or lenses.  The plan is more fully described at www.Populareyes.com/popcare.  

 

This website, the content, images, descriptions and the operating software are the property of Popular Eyes, LLC.  Our store is hosted by Shopify Inc.  ©2024.   

 

SECTION 1 - ONLINE STORE TERMS 
Our Terms of Service apply to all users of our website, including visitors, customers, suppliers, and partners. It's important to carefully read and understand these terms before using our website or services. Your use of our website constitutes acceptance of these terms, including any updates or modifications that may be made from time to time.   

 
SECTION 2 - GENERAL CONDITIONS 

We reserve the right at any time to refuse service to anyone for any reason.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

 

SECTION 3 - PROHIBITED USES 

We trust that you will use our services responsibly and refrain from engaging in any prohibited activities outlined in our policies. These include unlawful or unauthorized use of our products, infringement of intellectual property rights, and any actions that may compromise the security or integrity of our website. 

 

 
SECTION 4 - PERSONAL INFORMATION 

The Privacy Policy contained on our website outlines how we collect, use, and safeguard your data. By using our website, you consent to the practices described in our Privacy Policy.   Please review our Privacy Policy as stated on our website.  

 

 
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

While we strive to provide accurate and up-to-date information, we cannot guarantee the completeness or timeliness of all content on our website. It's essential to consult primary sources or seek professional advice before making decisions based solely on the information provided here. 

 

SECTION 6 – HISTORICAL INFORMATION  

This site may contain certain historical information.  Information, such as inventory levels and other data are for reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  It is your responsibility to monitor changes to our website. 

 
SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES 
We reserve the right to update, modify, or replace any part of our Service Policies at our discretion. It is your responsibility to stay informed about any changes by reviewing our website periodically. 

 

Prices are subject to change without notice.  We reserve the right at any time, without notice, to modify or discontinue the Service (or any part or content thereof). We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or services.   

SECTION 8 - PRODUCTS OR SERVICES 

We cannot guarantee that your computer monitor's display of any color will be accurate.  We have made every effort to display as accurately as possible the colors and images of the products that appear on the website.  Certain products or services may be available exclusively online through the website. These products may be stocked in limited quantities and are subject to return or exchange according to our Return Policy.   

 

 

SECTION 8 – LIMITATIONS ON SALES 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.  We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

 

SECTION 10 – PAUSES IN SERVICE 

From time to time we may remove the service for indefinite periods of time to repair or update the website or cancel the service at any time, without notice to you.  You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

 

 

SECTION 11 – PARTIAL SHIPMENTS 

To ensure your satisfaction, we reserve the right to make partial shipments.  This will enable you to try one (1) pair of products before additional quantities of your order are fulfilled.  We request that you notify us online within three (3) days of your receipt of our products with your authority for us to produce the rest of your order.   

 

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

There may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

 

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

 

SECTION 13 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  Examples of such optical tools include, but are not limited to, so-called “virtual try on” software, “virtual eye exams,”Shipping and Delivery Status related to your order, and new tools and software being developed from time to time.  Such new features and/or services shall also be subject to these Terms of Service.  You acknowledge and agree that we provide access to such tools is ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).   

 

 

SECTION 14 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service. You are responsible for checking our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

 

SECTION 15 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  

 
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  For more details, please review our Returns Policy. 

 

 
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

 

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. 

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

 

 
SECTION 17 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third parties.  Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

 

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party. 

 

 

SECTION 18 – ACCURACY OF YOUR Rx 

The Vision Council of America recommends annual eye examinations.  Popular Eyes LLC does not guarantee, represent or warrant the accuracy of any prescription you provide, nor the optical frames and products produced therefrom.  Each person’s eyes change throughout the day.  A prescription resulting from an eye exam taken at one time of the day may differ from a prescription taken at another time.  Prescriptions from eye exams conducted by different eye doctors on the same patient may vary.  

 

 
SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

 

 

In no case shall Popular Eyes LLC our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

 

 
SECTION 20 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Popular Eyes LLC, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

 

 

SECTION 21 – INTERPRETATION OF THIS AGREEMENT 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.  In the case of ambiguity, there shall be no presumption against the drafting party.  The headings used throughout this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

 

 
SECTION 22 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

 

SECTION 23 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida.   

 

 

SECTION 24 – ARBITRATION  

All parties to this agreement agree to submit any dispute, controversy or claim arising out of or relating to this agreement, or the breach thereof, to be settled by arbitration administered by the American Arbitration Association in accordance with its rules.  Any judgment, determination or award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof.  All parties agree to accept the arbitrator’s judgment as a final, binding adjudication of their rights and responsibilities under this agreement.  Each party shall be responsible for their own court costs, attorney’s fees, arbitration and related fees.   

 

 

 
SECTION 25 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  

 

 
Contact Us:  
If you have any questions or concerns about our Service Policies, please reach out to us at support@populareyes.com. We are here to assist you and ensure your experience with Populareyes® exceeds your expectations. 

 

 
Thank you for choosing populareyes™.  We appreciate your trust and look forward to serving you.