Terms of Service

Terms of SERVICE

Welcome to www.spectaclelovesyou.com (the “Site”), a service owned and operated by [9632581 Canada Inc.] o/a “Spectacle”.  On this Site, the terms “we”, “us” and “our” refer to Spectacle. We provide our services to you subject to the following Terms and Conditions of Use (“TOS”) along with our privacy policy located here.  The Site's Privacy Policy is incorporated into these TOS by reference and is made a part hereof.

1. ACCEPTANCE OF TERMS OF USE

By using our Site, you engage in our “Service” and agree to be bound by all terms and conditions contained in the TOS.  If you do not agree with the terms and conditions of the TOS at any time, you will discontinue your use of our Site.
We reserve the right to update or revise the TOS at our discretion and without notice.  You are responsible for checking the TOS periodically for changes. You can review the most current version of the TOS at any time here. If you continue to use our Site following the posting of any changes to the TOS, you agree to be bound by these changes.

In addition, when using particular services on our Site, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by us from time to time.  All such guidelines or rules are hereby incorporated by reference into the TOS.

Our store is hosted on Shopify Inc. and they provide us with the online e-commerce platform that allows us to sell our products and services to you. Therefore, we advise you to review Shopify’s own policies and terms of use.

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing any of the products and/or services that you have read about on our Site, you should confirm any information (including the price) that is important to your purchasing decision.

We reserve the right to deny use of this Site to anyone who does not comply with these requirements or who otherwise uses this Site in a manner that the operators of spectaclelovesyou.com deem inappropriate.

You understand and agree that the products and services are provided “AS-IS” and “WHERE-IS”, and that we assume no responsibility for the condition, timeliness or non-delivery of products and/or services. For some products we may offer a limited time return or exchange policy.  The current policy can be seen here. 

2. CUSTOMERS/BUYERS

By browsing or searching the products that have been posted on our Site, you are designating yourself as a “Customer” and/or “Buyer”. Buyers are entities that are potentially interested in purchasing one of the products that have been posted on the Site.

3. Online Shopping Terms and Conditions

All orders and purchases made through this Site are subject to the following:

  • Listings on this Site are not an offer to sell goods, rather, they are advertisements to receive offers. All orders are subject to review and acceptance by us. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.
  • Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
  • We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
  • You agree to pay for all charges noted herein as payable by you.  All prices listed on this Site are in Canadian dollars and all charges will be processed in Canadian dollars. The value of the Canadian dollar is well recognized worldwide and to further assist you in quickly determining the approximate cost in your local currency while browsing the Site, we may display an approximate currency conversion to your local currency.   We are not responsible for accuracy and you should independently verify the exchange rate prior to making a purchase.  Your credit card issuer may use a slightly different rate, charge an additional commission or may charge other fees.  For this reason prior to making a purchase you should verify any additional fees your credit card issuer may charge as well as confirming the exchange rate that will be used (if you are not banking in Canadian dollars).  We will process your payment in Canadian dollars and it is solely your responsibility to determine what this will translate to in a different currency. While we take great care to ensure advertising is accurate, errors and/or inaccuracies may occur.  We may correct errors or inaccuracies and change or update information on this Site at any time without notice, including in respect of prices and availability of items. 
  • All prices listed on this Site are subject to confirmation. We will notify you by email within 3 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the Site or on your purchase order. If you do not receive an email within 3 business days of completing a purchase order, we are deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price.
  • We make every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
  • You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted.
  • Minors under the age of eighteen are not eligible to use the services provided though this Site, register for any accounts or make any purchases.
  • We reserve the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in our discretion including, without limitation, if we believe that customer conduct contravenes applicable law or is harmful to our interests or the interests of our representatives, agents, contractors, suppliers or licensees.
  • We will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, we will not be responsible for any delays in delivery which are beyond our control. Where delivery is delayed, we will notify you as soon as possible.
  • If any item listed or shown for purchase through the Site is no longer available in inventory, we will display a warning message to alert consumers.  Where an item is temporarily out of stock and our Site expects to continue selling it, the Site will display an "Out of Stock" message.  For items that are being discontinued or may be discontinued pending a review, the Site will display either a “Discontinued” or an "Out of Stock" message.  We reserve the right to cancel any orders or correct inventory levels as required.
  • In order to protect you and us from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. We also reserve the right, at our discretion, not to ship items ordered or purchased on this Site to certain addresses. In the event that we choose not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

4. SHIPPING POLICY

spectaclelovesyou.com ships by either of Canada Post and/or the FedEX. For any specific questions on shipping, please contact us at online@spectaclelovesyou.com for further information.
 
5. VALIDITY OF YOUR PRESCRIPTION

You hereby certify that you have a valid prescription for any and all contact lenses or prescription eyeglasses or sunglasses that you are ordering. You represent and warrant to us by placing any order that the information that you provide and enter into this Site is valid, accurate and true and that it matches exactly your prescription as provided to you by your eye care provider. You further certify that you will renew your prescription in strict accordance with the advice provided to you by your eye care provider You understand that we will not fulfill applicable orders unless you have a valid prescription. You hereby agree that we may contact your eye care provider, or that you will provide us, upon request, a copy of your original prescription, if necessary, to verify your prescription information and any other necessary information.

6. ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Site. 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.
 
 7. PRIVACY POLICY

Personal information submitted by you is subject to our Privacy Policy. For more information, see our full privacy policy here.
 
8. SITE CONTENT

You understand that all materials contained in the Site, including without limitation all images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by Spectacle, its affiliates or are owned by third parties and appear in the Site with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to Canadian and United States copyright, patent, trade secret, trade dress and trademark law, as well as other state, national, and international laws and regulations. Spectacle and its affiliates and licencors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by you to this Site does not confer any license under any of Spectacle's or any third party's intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Spectacle and is also protected by Canadian and United States and international copyright law.

You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that Spectacle actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Site.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not of spectaclelovesyou.com.

You acknowledge and understand that you are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Service.  You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.

9. THIRD PARTY CONTENT

The Site may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

10. MONITORING

You acknowledge that we do not pre-screen all Content, but that we and our designees shall have the right (but not the obligation) in our or their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to our Site.
You acknowledge and agree that our Site may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of spectaclelovesyou.com, its users and the public.

11. MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION OF ACCESS

You agree that we, in our sole discretion, may terminate use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also in in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.

13. INDEMNITY

You agree to indemnify and hold us, our parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

14. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Additionally, you agree not to engage in any type of data scraping, copying including mass copying, or spidering with regards to this Site.

15. SPECTACLE’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
 
16. TRADEMARK INFORMATION

spectaclelovesyou.com, the spectaclelovesyou.com logo, and other spectaclelovesyou.com brand names and logos are trademarks of Spectacle.  All other company names, brand names and logos used on our Site are the trademarks of their respective owners.  You agree not to display or use in any manner any of the trademarks without express written permission from us or the trade-mark owner.

17. COPYRIGHT INFORMATION

The Content on this Site is protected by various copyright laws.  You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.

18. DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of this Site is at your sole risk. The Products offered through this Site are provided on an “As Is” and “As Available” basis. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including but not limited to, implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. We make no warranties, representation or conditions that the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your requirements or expectations, and any defects or errors will be corrected.
 
19. LIMITATION OF LIABILITY

In no event shall we or our directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results or use of, this Site or any Content on this Site, even if we or our representative has been advised of the possibility of such damages. If you are dissatisfied with this Site and the content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this Site.

We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

We assume no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Site or your downloading of any materials, data, text, images, video or audio from this Site.

20. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

21. Governing Law and Jurisdiction

The Terms and your use of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario in the city of Toronto, for any legal proceeding arising out of or relating to the Terms or your use of the Site.

22. SEVERABILITY

In the event that any provision of these TOS or any portion thereof or the application of any of the same is determined to be illegal, unenforceable, void or invalid, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be separate and severable from these TOS and all of the remaining provisions hereof shall remain in full force and effect as though any such provision of these TOS or any portion thereof had not been included in these TOS but such provision of these TOS or portion hereof shall nonetheless continue to be enforceable to the full extent permitted by law.

23. GENERAL INFORMATION

The TOS constitutes the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
You and spectaclelovesyou.com expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.
The Service and the Content are not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with us.
 
24. Contact Information

If you have any questions about the information above, the practices of the Site, or your dealings with the Site, you can contact: online@spectaclelovesyou.com.

Dated/Updated:  2016/06/02