Terms and Conditions of Use
Thank you for visiting the online store and information site of IRIS, The Visual Group, which offers products and accessories for visual care, including eyeglasses, sunglasses and contact lenses.
1. Acceptance of Terms and Conditions of Use
We are constantly working to improve our services to provide you with better products. As a result, we may update these Terms and Conditions of Use and reserve the right, in our sole discretion, to revise them from time to time to accurately reflect our services and practices. All changes are effective immediately upon posting and apply to all access and continued use of the Site. You agree to review the Terms and Conditions of Use periodically for any changes and your continued use of the Site constitutes your acceptance of the changes. We hope that you will continue to use our Site, but if you do not agree to any updates to our Terms and Conditions of Use, you may delete your account from the Site at any time.
3. Account Setup and Security
You may register for certain activities by creating an account on the Site. When you register or provide any other information in connection with the account, you agree to provide accurate, current and complete information and to promptly update such information to maintain its accuracy. We have the right to suspend or terminate any account or other registration if we suspect that the information provided is untrue, inaccurate, not current or incomplete.
You are responsible for maintaining the confidentiality of any passwords and user names given to you or selected by you, and for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security.
You are prohibited from attempting to circumvent and breach the security of this Site, including, without limitation:
- Accessing content and data not intended for you;
- Attempting to breach or violate security and/or authentication measures that are not authorized;
- Restricting, disrupting, or disabling service to users, hosts, servers, or networks;
- Unlawfully reproducing the TCP/IP packet header;
- Disrupting network services and otherwise interfering with our ability to monitor the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any material on the Site;
- Introduce any virus, Trojan horse, worm, logic bomb or other malicious or technologically harmful component;
- Attack the Site by means of a denial-of-service attack, distributed denial of service attack, flooding, bombing or crashing; and otherwise attempt to interfere with the proper functioning of the Site.
4. Select your frames.
We sell prescription and non-prescription eyeglasses and sunglasses. To learn more about the lenses we offer, visit the "lenses" section on our Site. To order a frame/pair of eyeglasses or sunglasses, select the desired frame/pair of eyeglasses or sunglasses and click the "Add to Cart" button to add it to your order. As part of the checkout process, you will have the option to add prescription lenses to your order if you have a valid prescription and prescription. At checkout, you will have the option to choose between prescription and non-prescription lenses.
- We have made every effort to represent as accurately as possible the colours of the products that appear on the Site. However, because the colours displayed depend on your monitor, we cannot guarantee the accuracy of the colours displayed on your monitor. We do not warrant that product descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site does not conform to its description, your sole remedy is to return it in its original condition.
- Your Prescription. If you are purchasing prescription eyeglasses or contact lenses, you hereby certify that you have a valid prescription for the eyeglasses or contact lenses you are ordering. By placing an order, you represent and warrant to us that the information you enter on the Site is valid and accurate and corresponds exactly to the prescription you received from your optometrist. You understand that we will not fill your order if you do not have a valid prescription. If your prescription information is incomplete, we may need to take additional steps to locate said information and we hereby consent to contact you or your optometrist, which may result in a longer wait time for your glasses.
- Production Time. Production times for prescription lenses vary in business days depending on the prescription and the type of lens required. Once your lenses have been manufactured and mounted in the frame, they will be shipped to you according to your chosen shipping method.
The waiting time for contact lenses depends on your lens type. Some products are already available while others are custom orders from the manufacturer. When your contact lenses are available, they will be shipped to you according to the shipping method you choose.
Quality assurance technicians inspect and verify each eyewear order. If your glasses do not meet quality assurance requirements, the expected delivery time will be delayed. We will notify you of any delays and provide updates on your order.
- Delivery Information. We will need your name, address and phone number to complete your order and ship your purchase. Orders will be delivered as soon as possible and are based on "effort". When your order ships, you will receive a confirmation email that includes a tracking number and instructions for tracking your order online. Subject to delays beyond our control, overall delivery time will not exceed 30 days.
- Payment Information. After you have selected your eyeglasses or contact lenses and provided your prescription and shipping information, you will see a message asking for your payment details, such as credit card information and any discount codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the order amount to your chosen payment method. We currently accept the following payment methods: Visa and Mastercard. If you have a discount code, please note that only one discount code can be used per order.
- Checking the status of the order. We know how exciting it can be to receive a delivery. So, when your glasses are on their way to you, we will send you a confirmation email with tracking information.
- Changing or canceling an order. Our team works hard to process orders quickly so you don't have to wait. However, this means that while we do our best to accommodate order changes, we cannot guarantee them. You may cancel your order without giving a reason within 24 hours of your order being confirmed. To change or cancel an order, follow the detailed instructions in the Return Policy section of iris.ca
- Risk of Loss. Risk of loss and title to all products ordered by you pass to you upon delivery to the carrier (e.g., FedEx, UPS or Canada Post).
- Returns, Exchanges and Lens Replacements. For more information on returns, exchanges and lens replacements, please see the Return Policy.
We guarantee the quality of our frames, lenses and treatments. Our network of opticians is there to ensure that you get the best fit and comfort with your new glasses. That's why we recommend that you have your new glasses fitted by an optician at any IRIS store. You can make an appointment at any IRIS store in Canada. IRIS offers the IRIS No Matter What Guarantee. Click here to learn more.
- Purchase limits. We want to give all our customers the opportunity to purchase our eyewear. Therefore, we do not allow the purchase of commercial quantities of eyewear and we may set limits on purchases at any time. We may also, among other things, limit orders placed by or under the same customer account or credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with the intent to resell or distribute our products. We further reserve the right to cease doing business with customers who violate this policy or any other part of our terms and conditions.
- Languages. Currently, our ordering process only supports English and French.
6. Intellectual Property and Proprietary Rights
You understand and agree that the Site and all of its content, features and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are our property, our licensors or other suppliers of such material and are protected in all forms by Canadian and international intellectual property laws, including, but not limited to, copyrights, trademarks, patents, trade secrets and other proprietary rights.
Our name, IRIS and IRIS, The Visual Group and all related names, logos, product and service names, designs, images and slogans are our trademarks or those of our affiliates or licensors. You may not use these marks without our express written consent. Other names, logos, product and service names, designs, images and slogans that are mentioned or appear on this Site are trademarks of their respective owners. Use of these properties, except as expressly authorized, is an infringement or violation of the owner's rights and may be in violation of federal or other laws and could subject the infringer to legal action.
Subject to your compliance with these Terms and Conditions of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site. This license does not include any resale or commercial use of our Site or its contents; any collection and use of product listings, descriptions or prices; any derivative use of our Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use are reserved and retained by us or our licensors, suppliers, publishers, rights holders or other content providers. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose our trademark, logo or other proprietary information (including images, text, page layout, or forms) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by us terminate if you fail to comply with these Terms and Conditions of Use.
7. Site Terms and Conditions of Use and Content Standards
As a condition of your access and use, you agree to use the Site only for lawful purposes and in accordance with these Terms and Conditions.
Without limiting the foregoing, you warrant and agree that your use of the Site and any User Submission (as defined below) shall not:
- Violate any applicable federal, state, local or international law or regulation, including, without limitation, any law relating to the export of data or software, patents, trademarks, trade secrets, copyrights or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to civil or criminal liability under applicable laws or regulations or that may conflict with these Terms and Conditions of Use.
- Interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that of our third-party providers.
- Resell or make commercial use of the Site or any content on the Site.
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human-readable form any content of the Site that is not intended to be so read, including by directly using or viewing the HTML or other underlying code of the Site, except as interpreted and displayed in a web browser.
- Copy, imitate, mirror, reproduce, distribute, upload, post, perform, publish, store or transmit any content of the Site, including trademarks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
- Use any manual or automated software device or other process (including data mining, robots, spiders, automated tools or similar data gathering and extraction methods) to "crawl" or "index" any page of the Site or to gather any information from the Site or any user of the Site.
- Harvest or scrape any content from the Site, or use other automated or manual means to take our content without our prior consent.
- Circumvent or attempt to circumvent any features of the Site or any measures we may use to prevent or restrict access to the Site, including other accounts, computer systems or networks connected to the Site.
- Conduct any form of automated response or "spam" on the Site.
- Take any other action in violation of these Terms and Conditions.
8. User Submission: Licensing
We want to hear from you. Therefore, you will find areas on the Site where you can post information or communicate with us or other visitors to the Site. We hope that you will use these tools to get to know the rest of our community and provide us with feedback.
"User Submission" means any public communication or other material that you submit, distribute, transmit or post through the Site, our pages on third-party sites (e.g., Instagram, Twitter and Facebook) or activities in our stores. Any User Submission must comply with all applicable federal, state, local and international laws, regulations and terms and conditions of use.
When you submit, distribute, transmit or post a User Submission, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose and within the parameters of your account and/or to incorporate any such material into any form, medium or technology throughout the world without compensation to you. You also agree that any ideas, concepts, know-how or techniques contained in any User Submission may be used for any purpose, including but not limited to developing, manufacturing and marketing products. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
9. Site Monitoring and Enforcement, Suspension and Termination
We reserve the right, without notice, to:
- Remove or refuse to post any User Submission to the Site for any reason or no reason, in our sole discretion.
- At any time, take such action with respect to any User Submission as we, in our sole discretion, deem necessary or appropriate, including, without limitation, for violations of the Terms and Conditions of Use.
- Take appropriate legal action, including, without limitation, recourse to law enforcement or regulatory authorities or notification to the aggrieved party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we shall have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any material on or through the Site.
- Terminate or suspend your access to all or any part of the Site for any reason or no reason, including, without limitation, any violation of these Terms and Conditions.
- Immediately deactivate or delete any account and/or bar future access to such accounts.
We have no obligation or responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review the content that you or other users submit to the Site. We cannot guarantee prompt removal of objectionable content after it is posted and we have no responsibility for any action or inaction regarding transmissions, communications or content provided by any user or third party, subject to applicable law.
11. Electronic Communications
12. Third Party Sites
For your convenience, this Site may provide links or references to third-party sites. We make no representations about, and accept no responsibility for, the quality, content, nature, or reliability of any third-party sites that may be accessed by hyperlink from the Site, or of any third-party sites that link to the Site. These hyperlinks are provided by us for your reference only and are used at your own risk.
13. Disclaimer of Warranty
We appreciate you and would like to count you as a long-time customer, but we do not have a special relationship with you. You understand and agree that we have no control over, and no obligation to take any action regarding:
- Which users access the Site.
- What content you access through the Site.
- The effects that the content may have on you.
- How you may interpret or use the Content.
- What actions you may take as a result of your exposure to the Content.
We make no representations about any Content posted on or accessible through the Site, and, to the fullest extent permitted by law, we will not be liable for the accuracy, copyright compliance, legality or decency of any Content posted on or accessible through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
The Site, its content and any services or materials found or obtained through the Site are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied, with respect to the Services or any content of the Services, whether provided or owned by us or any third party, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, freedom from computer virus, and any implied warranties arising out of course of dealing, performance, or usage in trade, all of which are expressly disclaimed. In addition, we do not represent or warrant that the content accessible through the Site is accurate, reliable, complete, available, current, free of viruses or other harmful components, or that the results of using the services will meet your requirements. The foregoing does not affect any warranties that may not be excluded or limited under applicable law.
This Site does not contain information on all eye diseases or medical information that may be relevant to your eye care needs. The information provided on this Site is general health information only and is intended only to facilitate communication between you and your eye care professional. This Site does not provide a medical diagnosis for any individual and should not be used as a substitute for professional medical advice, diagnosis, treatment or care. Any specific medical questions you may have about your condition, treatment, care or diagnosis should be presented to your eye care professional. You should never disregard medical advice or delay seeking professional advice because of something contained in or linked to this Site.
14. Limitation of Liability
You acknowledge and agree that by your use of this Site you assume full responsibility for all risks associated with your use of this Site, including responsibility for any costs associated with servicing or repairing any equipment you use in connection with your use of this website.
Except where such exclusions are prohibited by law, in no event shall we or our parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential or punitive damages, including, but not limited to, personal injury, pain and suffering emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, invasion of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use of, or inability to use, or reliance on (i) the Site, (ii) any Linked Site or any other third party site, or (iii) any content, materials, postings or information on the Site, even if the Party had actual knowledge or reason to know of such. Because some states and provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states and provinces liability is limited to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold us, our subsidiaries, affiliates and their respective officers, directors, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your violation of these Terms and Conditions of Use or your use of the Site, including but not limited to content you submit, post or transmit through the Site.
16. Governing Law and Choice of Forum
The Site and these Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the province and the federal laws of Canada applicable therein, and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Site and these Terms and Conditions of Use shall be brought in the courts of the province and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of those courts in any such action or proceeding. You waive any objection to the exercise of jurisdiction over you by such courts and venue in such courts.
We make no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
17. Waiver and Severability
The failure to exercise or delay in exercising any right, remedy, power or privilege under these Terms and Conditions shall not constitute or be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other exercise or the exercise of any other right, remedy, power or privilege.
In the event that any provision of these Terms and Conditions of Use is held to be invalid, illegal or unenforceable in any jurisdiction, it shall not affect the enforceability of any other term or provision and shall not invalidate or render unenforceable such term or provision in any other jurisdiction, and shall be replaced by an enforceable provision that most closely matches the intent underlying the unenforceable provision.
18. Entire Agreement
The Terms and Conditions of Use constitute your sole and exclusive agreement with us with respect to the Site and supersede any and all prior or contemporaneous agreements, understandings, representations and warranties, written or oral, with respect to such subject matter.
All feedback, comments, requests for technical assistance and other communications relating to our products or the Site should be directed to [email protected]