Dandy Contact Lenses

Terms & Conditions

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions of Service apply to all Dandy Contact Lenses Corporation (“Dandy”) websites and associated domains and the purchase of any products from Dandy including but not limited to contact lenses.

BY SELECTING “I AGREE”, YOU AGREE TO THE TERMS AND CONDITIONS OF SERVICE IN THEIR ENTIRETY.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF SERVICE, YOU CANNOT USE THIS WEBSITE OR SERVICES OFFERED THEREIN.

  1. Background

This is a Terms and Conditions of Service agreement, as amended from time to time, (the “Terms of Service”) between you and Dandy. Dandy offers to sell and deliver prescription contact lenses on a subscription basis to you (“Services”) if you have a valid prescription from a licensed optician or other regulated eye care professional (collectively, a “Eyecare Practitioner”), with such subscriptions placed through the Dandy website, https://dandycontacts.com (hereinafter “Website”).

These Terms of Service govern and apply to your use of the Website and Services.

By consenting to the Terms of Service, you acknowledge that:

a) You have the right, authority and legal capacity to enter into the Terms of Service;

b) You have read, understood and agree to be bound by the Terms of Service;

c) You are at least 18 years old;

c) You must provide accurate, true, current and complete information about yourself when prompted at checkout for your account information and, if there are any changes to such information, you agree to promptly update it in order to keep it true, accurate, current and complete;

d) You are a natural person purchasing prescription contacts solely for personal use; and

e) Your shipping address is in Canada as Dandy currently will not ship the contact lenses outside of Canada.

  1. Changes to the Terms of Service

Dandy may amend the Terms of Service for any reason. Therefore, you agree to review the Terms of Service from time to time. Your continued use of the Website or Services after the date that any changes take effect shall be deemed as acceptance of any changes to the Terms of Service. If you object to any such changes, you agree that your sole recourse is to stop using the Website or Services.

  1. Access to Services

To use the Services, you require a valid and up-to-date contact lenses prescription from a Eyecare Professional licensed in accordance with the appropriate legislation in the Province or Territory where you reside.

You warrant that the prescription information provided to Dandy is as it appears on the prescription provided to you by your Eyecare Practitioner. Dandy will not fulfil your order unless you have a valid prescription. You consent to Dandy contacting your Eyecare Practitioner to verify your prescription, at Dandy’s sole discretion, and consent to your Eyecare Practitioner disclosing your prescription to Dandy.

  1. Subscription, Shipping and Delivery

When you place your first order, you will select a contact lens Subscription Plan (the “Subscription Plan”) and the Subscription Plan will remain in effect until you cancel or modify the Subscription Plan in accordance with the Terms of Service. Dandy will ship your contact lenses to you in accordance with the Subscription Plan. To pay for the Subscription Plan, you will provide Dandy with your credit card information and agree to update Dandy if the particulars associated with your credit card change. You agree to pay Dandy the amounts specified in the Subscription Plan in accordance with the terms of the Subscription Plan and the Terms of Service. Upon shipments of contact lenses under the Subscription Plan, you hereby authorize Dandy to bill your credit card for the amount that you agreed upon for the contact lenses at the time of the first shipment, until you cancel the Terms of Service.

 

The wait time for delivery depends on availability. If your contact lenses are in stock with Dandy’s manufacturer, they will be shipped to you within 3-5 business days. If your contact lenses need to be prepared by the manufacturer, your wait time may be longer.

 

Dandy may change its prices under the Subscription Plan, provided that it gives 30 days’ notice of any price change to you by email. By continuing your subscription for contact lenses from Dandy after the said 30 day notice period, you agree to pay the changed price.

  1. Return Policy

If you are not completely satisfied with the contact lenses that you receive, you may return any unopened boxes within 30 days of shipment for a refund for the cost of the contact lenses. You are responsible for paying the costs of shipping the lenses back to Dandy.

  1. Cancellation Policy

You may cancel or modify the Services at any time by completing the cancellation form on our webpage, and such cancellation or modification will take effect within 5 business days so that any orders that are already in process are not affected.

Dandy may terminate and discontinue the Services and Subscription Plan at any time with or without notice at its sole discretion. Dandy will not be liable to you or to any third party for any termination or discontinuance of the Services and Subscription Plan.

  1. No Medical Professional-Client Relationship created

You acknowledge that any information or service provided through the Website or other communication with Dandy is for information purposes only and does not constitute medical advice. No medical professional-client relationship is created by your use of Website or Services.

  1. Product description

Dandy cannot guarantee that the color of the contact lenses is as it appears on your monitor. Dandy cannot warrant that the product descriptions are accurate, complete, reliable, or current. If a product offered by the website is not as described, your sole remedy is to return it in unused condition.

  1. Privacy Policy

  1. Your personal information is collected, used and disclosed to coordinate and operate the Service, including delivery of prescription contact lenses.

 

  1. Your personal information includes, but is not limited to yours or your name, address, credit card information, email address, phone number and contact lenses prescription.

 

  1. By using the Website and agreeing to the Terms of Service herein, you hereby consent to the above-noted collection, use and disclosure of your personal information.

 

  1. You hereby acknowledge that this consent will remain in force until it is revoked by you by notice in writing to Dandy and it need only be provided once. Your consent to such Privacy Policy shall be recognized and legally binding upon you.

  1. Governing Jurisdiction

The parties hereby agree that the Terms of Service are governed by the laws of Province of British Columbia, Canada. You hereby irrevocably consent and attorn to the exclusive jurisdiction and venue of courts in the Province of British Columbia, Canada. Any claim related to the Website or the Services shall be governed by the laws of the province of British Columbia, without reference to the choice of law provisions.

  1. Access Fees

You must provide at your own expense the equipment, Internet connection, devices, service plans necessary to access and use the Website. Dandy does not guarantee that the Website can be accessed and used on all devices and wireless service plans, nor does it guarantee that the Website is available in all geographic locations. When you use the Website, your wireless service provider may subject you to fees for data and/or wireless access. You acknowledge and agree that you are solely responsible for any costs you may incur to access the Website.

  1. Limitation of Liability

To the extent permissible by law, you agree to release and hold harmless Dandy and its subsidiaries, affiliates, divisions, partners, licensors, representatives, agents, successors and assigns, and each of their employees, officers and directors, (collectively, the “Released Parties”) from the following:

  1. any and all liability, loss, harm, damage, injury, cost or expense whatsoever, or any incidental, special, indirect or consequential damages whatsoever or arising anywhere, including, without limitation, property damage, personal injury (including emotional distress) and/or death, which may occur, in whole or in part, directly or indirectly, in connection with your use of the Services or Website; and

  2. for any claims or causes of action based on publicity rights, defamation, invasion or breach of privacy, as well as for any damages for loss of profits, lost or stolen data or personal information, business interruption or any other commercial damages or losses, arising out of or related to your use of Service or Website (collectively, “Damages”), however such Damages were caused, regardless of the theory of liability (contract, tort or otherwise) or even if Dandy has been advised or should have been aware of the possibility such Damages could arise.

  1. No Warranty

You expressly acknowledge and agree that use of the Website and Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Dandy hereby disclaims all warranties and conditions with respect to the Website and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of satisfactory quality and of fitness for a particular purpose of the contact lenses and the Services, and non-infringement of third-party rights.

Dandy makes no warranty that the contact lenses and the Services will meet your requirements and expectations.

  1. Severability and Survival

If any provision of the Terms of Service is declared or deemed illegal, unenforceable or invalid under applicable law, that provision shall be considered invalid, but all unaffected provisions will be applied within the limits of the law. Dandy’s failure to enforce any provision of the Terms of Service shall not constitute a waiver of such provision.

  1. Assignment

Dandy may without notice or requiring permission from any party assign the Terms of Service, in whole or in part, at any time. You acknowledge that you may not assign, transfer any or all of your rights or obligations under the Terms of Service without the express prior written consent of Dandy.

  1. Arbitration

By entering into the Terms of Service, you and Dandy agree that any and all disputes or claims that may arise between the parties arising out of any cause whatsoever shall be resolved through a final and binding arbitration in accordance with the Arbitration Act (British Columbia). You and Dandy each waive the right to commence Court proceedings against each other in small claims Court of a province or territory, a Superior Court of a province or territory or Federal Court. Your rights will be determined by a neutral arbitrator, provided however that if your claim is for less than $10,000.00, any arbitration will be conducted solely based on documents submitted to the arbitrator or through a telephone hearing.

  1. Miscellaneous

  1. The Terms of Service represent the entire agreement between you and Dandy. They replace and supersede all prior understandings (written or oral) concerning the within subject matter.

 

  1. No delay or failure to exercise any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.

 

 

Version: 1.1

Last updated: August 21, 2019.