General Terms & Conditions

Our Company: Himalaya Optical is the brand name owned by Vision World Private Limited having its registered office at 146, Rashbehari Avenue, Kolkata 700029 and warehouse at  285/F, B.B. Ganguly Street, 1st Floor, Kolkata 700012.

Official Website : www.himalayaoptical.com

Customer Care : We have a strong support network which can be reached easily through our customer care number +91 9831526223 and our support email id info@himalayaoptical.com. Customer can call us or get in touch with us for seeking necessary information / clarification before placing orders.

Click here to read more about Himalaya Optical: https://himalayaoptical.com/pages/about-us

GENERAL TERMS AND CONDITIONS OF USE

Welcome to the official website for Himalaya Optical. We bring you online retail and information for various eye glasses and its related products. We also bring variety of designer and private label frames and sunglasses of reputed brands as well as local brands, related eye care products and contact lenses. We also provide information to help our clients in order to make effective and best purchasing decisions. It is our wish that the customers get all the desired information before placing order for products and get value for their money.

You agreeing our terms and conditions are clearly indicated to us by you when you click on our check box placed on the order page. If you do not agree to our terms and conditions then you are not allowed to purchase any products from our site. There might be instances when we will change our site or terms and conditions or specific policies in that case it is your responsibility to go through our terms and condition each and every time you visit our site. There might be instances when we may require to upgrade our software/website then the terms and conditions and/or specific policies might alter or change which will be updated by us each and every time that you logon to our website.

You incessantly use or visit our website will be perceived as you accept our change to terms and conditions.

CUSTOMER OBLIGATIONS AND CONDUCT

We assume that the personal information provided by you while filling our order form is accurate and complete. You must update your personal information to the company, If the personal information is inadequate, not complete or insufficient the company in such case will not be held liable/responsible for any damage and/or delays caused due to inadequate and insufficient information received from your end. Any information received by the company will be preserved with absolute secrecy and will not be disclosed or distributed to any other third party save and except when required by the law. The company reserves its rights to terminate the account if it is found dealing with fraudulent activities prompting the company to terminate and/or discontinue any usage of the company`s website by blocking its access.

The Company reserves the right to take legal action against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions.

The Following legal restrictions apply to our terms and conditions:

• To engage into activity that will lead to restrictions of other user from visiting our site.
• Posting on or transmitting through unlawful, obscure, abusive or objectionable material of any kind on this site is prohibited which would constitute an offence or otherwise which violates any applicable local, national or international law.
• Any unnecessary or unwanted intervention causing disturbance and hampering the privacy or business of the company is strictly prohibited without prior consent of the company`s website administrator.
• Any kind of copying and/or fixing and/or pasting and/or parsing any content from or within the website without obtaining any permission from the owner of the present website there by its usage, misuse, exploitations, selling is completely forbidden both in Indian and International legal systems and its copyright and trademark laws. If any such discrepancy is found the company reserves its rights to pursue its remedy by resorting to stringent measures both civil and criminal in nature in appropriate forum, such misusage of any content or images from the website without prior permission is strictly prohibited.

PRODUCT DESCRIPTION

Himalaya Optical will explore and endeavour all products of different descriptions available in daily use of business as accurate as possible on its website. The images and description are mere representation of the actual product and is expected to vary from the actual product. The company does not give/render any guarantee that each and every itemized product which have been displayed through its website as error free. The company further reserves its right to display the goods and its color as accurate as possible. Himalaya Optical further assures that the products displayed on the screen and its colors may not be 100% error free, slight modifications and/or variations may be possible while taking pictures/images of the said products and in such cases Himalaya Optical assures each and every customer to provide all necessary backups in order to make the product genuine as far as possible. If the product offered from the website is not as described on the website then immediately contact our customer care department or email us for further assistance at the earliest.

ORDER AND PURCHASE

• Himalaya Optical accepts each & every order placed by its customers on our website. A customer can place its order by transmitting its prescription on our email id as well as on the website.
• The company thereafter make necessary arrangements to fulfill the requirement of the customer.
• The company will not take any responsibility if the customer fails to provide the details set forth in its prescription. Once the order is placed and product/products is ready for delivery.
• The company will not take any additional responsibility for the order placed by you in case of actual fittings on your face. The company reserves right to deliver the product as per the specifications placed on the website.
• The customer should essentially insist on proper and valid prescription duly prescribed by qualified eye care practitioner.
• The company will use its best effort to ensure that the order placed by the customer is successfully executed subject to the availability of the product. In case the product is not available in the market the company will make the Refund.

SHIPPING POLICY (Conditions of Delivery )

• The product will be delivered free of cost anywhere in India.
• In case the product dispatch is delayed the customer will be notified.
• Customer should not accept the product if the seal is broken.
• Once the order is accepted the confirmation will be sent to the concerned customer either through his email or by SMS / Phone.
• Estimated time of delivery is 5 - 10 working days, few products might take some extra time as mentioned on the product page.
• All materials will be Delivered through reputed courier service.

CANCELLATION

Cancellation can only be done on the following terms and conditions:

• Sunglass/Frame/Contact Lenses – Cancellation can be done before the product is shipped or within 12 hrs of booking the order (whichever is earlier).
• Once the product is shipped the company will not accept any cancellation.
• Complete Spectacles (Frame/Sunglasses + Lens) - Cancellation can be done within 4hrs or before the lens are processed since these are customized lenses.
• The company reserves the right to cancel an order. The reason for cancellation could be due to :

1. In case the order request is not acceptable to the company.
2. Non-availability of the product.
3. Inaccurate product information or pricing discrepancies.
4. Due to reasons of any fraud.
5. Wrong usage of payment made by customer or incomplete information received from the customer.

Upon such cancellation made by the customer with intimation being given to the company within the prescribed time period mentioned above, then in that case the company shall refund 100% of the money and not otherwise.

RETURN & REFUND

Product has to be returned within 7 days after receiving the parcel but not more than 14 days from the date of receipt by the company. Once the product is returned to us, we will inspect the product before making the refund. Refund can be made only if the product is in unworn & in brand new condition with original seal box, instruction paper, warranty & other accessories if any. The product should not have been used or should not have any dirt or scratches or wear and tear or any kind of bend or twist. The price tag and any other identification tag, the invoice and the original packing must be intact and in toto. Also note if the barcode/price tag is torn then we will consider it to be accepted by the customer. In case the customer receives an incorrect product the customer is requested to contact the customer care as early as possible but not later than 3 days of receipt. Pricing shown on the product may vary as displayed on the website due to any technical or typographical error or information received from the supplier`s prices. In such cases the company shall make 100% refunds. The customer shall not accept the parcel if the seal is broken.

We would request you to take a video while unboxing your parcel.

The Following Table Shown Herein Will Enable The Customers To Know The Criteria Relating To Cancellation And Refund :

FOR CONTACT LENS
CONDITION	REFUND
If seal of the contact lens box is unopened or the box is not damaged	90% Refund (10% Deduction as handling/processing Charges)
If seal is broken	Open Box cannot be Refunded under any circumstances, even if lens inside them are unused

 

FOR FRAMES/SUNGLASSES
CONDITION	REFUND
If parcel is received in brand new condition	85% Refund (15% Deduction as Cancellation Charges)
If seal is broken	75% Refund 25% Deduction as Cancellation Charges. It is considered since the seal is open the product has been used

 

FOR POWERED SUNGLASS/SPECTACLES
CONDITION	REFUND
If parcel is received in brand new condition	Cost of Powered Lenses cannot be refunded under any circumstances since these are customized. Only Frame Cost can be refunded.

N.B. All refunds are subject to refund of the entire invoice products and not in parts.

EXCHANGE POLICIES

 - If you are not happy with the product you can exchange the product with another one of equivalent price within 7 days of receiving the product - After we receive & inspect the product we shall mail you the e-coupon code ( with the same value ) which is to be redeemed within 7 days after receiving the e-coupon - The face value of the e-coupon will be equal to the amount of purchase made earlier. During the exchange the amount exceeding the face value needs to be paid & on the other hand if the amount of exchanged product is less than the face value then the remaining amount shall be forfeited. - In case of Contact Lenses exchange is not possible if box or its seal is opened or damaged. - The redelivery of the product will attract a charge of Rs 200/- (Two Hundred Only) as delivery charges.

WARRANTY 

The company will forward the warranty supplied by the manufacturer to the customer.

The company hereby gives three months warranty on any product purchased online. The company further provides the warranties on those products as given by the manufacturer to the customer. All warranties are limited to manufacturing defects only.

In case of branded products the same will be sent to the principal company for repair/replacement.

The company reserves its rights to give services in case of manufacturing defects restricted only to branded products on the following :

For Frames and Sunglasses: This includes immunity extended in furtherance to the manufacturer`s warranty against deficiencies in hinges and welding points only lasting for a period of 3 months from the purchase date specified.

For Ophthalmic Lenses: This includes a guarantee against the non-conformity of the lenses to the prescription tendered by you, if the same is reported and evidenced within 1 (one) month from the date of invoice. This guarantee shall extend only towards the conformity of the lenses made in accordance with the prescription relied upon by you and not the prescription per-se.

Note: This shall not cover complaints against defects/damage caused by accidents and natural wear & tear.

The following conditions are not covered under warranty:

Damage caused by misuse scratching or tarnishing accidental damages sitting on the frames/sunglasses twisting or bending of the frames/sunglasses cracking/breaking of lenses natural discoloring of lenses/frames / sunglasses.

In case of products other than the branded ones the company reserves its rights to provide warranty to products which does not come under the following parameters :

natural discoloring of lenses/frames / sunglasses twisting or bending of the frames/sunglasses scratching or tarnishing damage/loss of screws, stones or crystals.

PRICING & PAYMENTS

• All the prices mentioned on the website are in Indian currency ( Rupees)
• The prices, products and services are subject to change at the Company`s discretion
• All prices are inclusive of taxes
• The company does not make any representation that the prices quoted on the website will match the offers provided by any retail stores
• Pricing shown on the product may vary as displayed on the website due to any technical or typographical error or information received from the supplier`s prices. In such cases we will issue refund.
• The following are the accepted modes of payments: Online payment via Credit Card, Debit Card, Net Banking/ Cash Deposit on our bank account, Pay U.
• If any differences are found in pricing on the himalayaoptical.com website pre and post orders, kindly contact us within 72 (Seventy Two) hours of placing your order..
• We are not responsible for the misuse of any credit card or payment mechanism. 

SITE CONTENT

You are responsible for any notes, messages, photos, contents, videos or information posted or transmitted through this site. www.himalayaoptical.com shall be entitled to take any steps if found that any one is misusing the portion of any content or copying any element for any use will be violation of our terms and conditions. You agree that any content you post may be used www.himalayaoptical.com consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

INTELLECTUAL PROPERTY

Himalaya Optical, the www.himalayaoptical.com logo, www.himalayaoptical.com, and other graphics or service terms or names that are used on the Site by www.himalayaoptical.com are the sole property of www.himalayaoptical.com .www.himalayaoptical.com property may not be used for any sale or any promotional activities of any third-party products or services or in any manner that disparages or discredits Himalaya Opticals. All other brands and names (including third-party product names) are the property of their respective owners. Usage of the name Himalaya Opticals, www.himalayaoptical.com, the www.himalayaoptical.com logo or any other graphics or services on any site must be granted by www.himalayaoptical.com.

This site is controlled and operated by Himalaya Opticals. All materials on the site including images, contents, videos clip, trademarks, intellectual property or any information are controlled and protected by our copyrights policy. Materials on www.himalayaoptical.com site owned, operated or licensed or controlled by us is solely for your personal use and not commercial. You must not copy, reproduce, resell, upload, or disrupt any material in any way. You must not whether directly or indirectly assist any person in any kind of misuse of the site. If you are found misusing the site we reserve the right to take appropriate action against you.

SUBMITTED FEEDBACK

It is our desire to hear comments & suggestion from our valued customers relating to our products and our services. If you send us any comment, suggestion, ideas, materials, concepts or any other information for the welfare of our site, the submissions shall be deemed and shall remain our property. None of the Submissions shall be subjected to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

DISCLAIMER

All necessary steps are made to make sure that all the information provided on www.himalayaoptical.com is correct and accurate. However, Himalaya Optical does not make any warrants nor any representation that the information provided on the site is complete, accurate or correct. In no event shall we be held responsible for any direct, indirect or by any means damaged caused or any other damage resulting in:

• The use or inability to use the services
• Unathorized access to or alteration to the user`s transmission or data or any other matter relating to services; including without limitation damages for loss of use, data or profits, arising out of use of the website or services. Himalaya Opticals shall not be responsible for delay or inability to use the Website or related services, failure to provide services, or any other information or services obtained through the website. We are not held responsible for non availability of the website or any of its services or products during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to any technical error which is beyond Himalaya Opticals` control. The user understand and agrees that any materials downloaded or obtained through the website is entirely at their own risk. The company will not be held responsible for any damage caused to their computer system while downloading or after downloading our materials in any manner what so ever and as such the user is solely held responsible for any such damages.

SECURITY OF INFORMATION

You browsing our site is assumed as you are abiding by our terms and conditions. You also agree that any access to the site is at your own risk. Himalaya Opticals is not responsible for any inconvenience caused to you by our site. While purchasing, browsing or any other function on your site, you can register yourself on our site. We ensure that any information provided by you while registering on our site or while making payments will be kept strictly confidential and fully secured. We assure you that your personal information relating to security and privacy is our principal obligation and we assure you that such information relating to your privacy and secrecy is strictly made confidential and will not be transmitted to any third party as and except when it is required by government agencies. However, it is your responsibility to make sure that you keep your account and password confidential, we are not responsible for any activities that is caused under your account or password.

PROHIBITED ACTIVITIES

You agree to abide by our rules and regulations and upload or post messages or materials which are proper. There are certain points which are prohibited on the site:

• You will not defame, abuse, harsh or otherwise violate the legal rights or others.
• You will not upload any file that contain any software or materials that violate our intellectual property right.
• You will not upload any file that contains viruses which may hamper the security of the site.
• You will not publish, post, upload any inappropriate, profane, infringing, obscene, indecent or unlawful topic, name, material or information on the site.
• You will not download any file posted by another user which you know, cannot be legally distributed in such manner.
• Any misuse of the site is prohibited, however inspite of this if any misuse of the site is detected by the company the company reserves the right to initiate proceedings against you both civil and criminal in nature and consequences arising there from will be at your sole risk and responsibility.

If you are caught doing any of the above prohibited activities then strict action will be taken against you by the company in terms of both civil and criminal actions.

RIGHTS GRANTED BY YOU

While accessing or registering on our site, you are providing us your details such as data, passwords, usernames, personal identification numbers and other materials and contents, suggestions, ideas, feedback, etc. You are expressly granting us the right to utilize this information for and on your behalf in order to provide the service.

The company may or will use such information with the sole purpose for providing you the required service and not for any other purpose. We assume that you will fully grant us the above rights for your as well as our benefits.

YOUR INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

FORCE MAJEURE

Force Majeure event means:-

• Any event which is beyond our reasonable control
• The unavailability of raw materials, components or products; and/or
• Power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
• Server failure, software glitches;

Where a force majeure event gives rise to a failure or delay in performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event, which gives, rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We ensure you to take reasonable steps to mitigate the effects of the any force majeure event.

LIMITATION OF LIABILITY

Nothing in these terms of sale will limit or exclude your or our liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation; or
• Any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:

(a) Our liability in connection with any product purchased through our website is strictly limited to the purchase price of the relevant product and the replacement cost of the relevant product;

(b) we will not under any circumstances be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and

(c) We will not be liable for any losses arising out of a force majeure event.

OTHER RIGHTS

Himalaya Optical has the right to monitor areas on the site and may disclose any data or communication of any kind. We reserve the right to terminate or suspend your accessibility to a portion or all part of the site without notice for any conduct that we feel is violating any applicable law or is harmful to the interest of the site, or the third party. We reserve the right to deny your purchase of any products or service if we find that you are intending to resell the products.

TERMINATION OF CONTRACT

The terms and conditions are effective until terminated by either party. If you no longer wish to abide by our terms and conditions then you may stop visiting our site. In that case we reserve the right to suspend your access to all or any portion of the site without prior notice. You agree that any termination of your access to the site will lead to giving us the right to immediately deactivate or delete your account and all related information from the site.

APPLICABLE LAW AND JURISDICTION

We make no representation that the content in the site is appropriate for use in other location and access to it from territories where it is illegal. Those who choose to access the site from other locations do so at their own risk we are not liable for any inconvenience caused to them by our site. You may not use or export the Content in violation of export laws and regulations of INDIA. Any claim relating to the Site, the services provided through the Site or the Content (a "Claim") shall be governed by the laws of INDIA, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kolkata [India] and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

LEGAL USES

We assume that you using the site solely for your personal use and benefits and is not transferable by you to any other entity. You understand that you are authorized to access and use the services only for legal and lawful purposes.

You further undertake and state that by using the service you are not misrepresenting any person or entity. All services are for your personal use only. You will be interrupted time to time for any of the several reasons such as the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website. Every effort is made to provide you uninterrupted services from our company, however, we do not warrant that the function, operation, security or accessibility of the website will be interrupted or error-free, that defects will be corrected. As a user of the Website, You agree that your access will be subject to these terms and conditions and that access is undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access the Website.

Any change in your registration information must be duly updated by you.

COMMUNICATIONS

The company may send you communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the company to you. In case you have suppressed or disabled or communication in general to be junked, the company recommends you to activate the alerts to your proper destinations. Change to your email address will apply to all of your alerts.

Any e-mail which is sent by the Company or through any of the websites mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If you are not the addressee you may not copy, forward, disclose any part of any message received or its attachments and if you receive a message in error, please delete the said message from your system and notify us immediately. Any information sent via internet could be intercepted, corrupted, lost or contain viruses. The Company and the Website therefore does not accept responsibility for any errors or omissions in messages received by you which may arise as a result of internet transmission.

JURISDICTIONS

The company controls and operates this website/s from its registered office in Kolkata, India and makes no representations that these materials are appropriate or available in other locations. If you are using this website from other locations then you are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Kolkata, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Kolkata, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Laws and venue for it shall be Kolkata. The courts in Kolkata shall have the sole jurisdiction regarding the subject matter of this Agreement.

PRIVACY STATEMENT

INFORMATION ABOUT OUR ORGANISATION AND WEB SITE

Himalaya Optical respects your privacy and is committed to protecting it. We provide this Privacy Statement to inform you of our Privacy Policy and practices and of the choices you can make about the way your information is collected online and how that information is used. This website is governed in accordance with the laws of India. The Indian courts shall have exclusive jurisdiction over any dispute arising out of your use of this website.

The www.himalayaoptical.com website is owned by Himalaya Optical, 285/F, B.B. Ganguly Street, 1st Floor, Kolkata 700012.

DATA AUTOMATICALLY COLLECTED

We log visitor`s domain and IP address automatically; this information does not identify you as an individual, but only the computer that is being used to view the site. This data is used to see where the site is being used in the world to ensure coverage, and for click stream analysis to help better understand site usage, so that we can improve our service to you. We do not link information automatically logged by such means with personal data about specific individuals.

DATA COLLECTION AND USE

When you request information through this site, we may need to know some personal information about you. When emailing us, or subscribing for free news or information we need your e-mail address, name and other limited personal identifiers, typically name and contact number. If you chose to purchase information, goods, products or services, we will usually require some additional limited financial details. Where you request employment related services or products we will usually need limited data about personal identifiers, education, employment, family and financial details. Your personal data will be processed to provide information, goods, products and services you request in the form that you require.

If we require sensitive personal data then we will ensure that the collection and use is in strict accordance with the "Information Technology Act" principles of data protection and data privacy.

We will not pass your details to anyone else outside the www.himalayaoptical.com without your permission. Since www.himalayaoptical.com operates globally, the information you submit may be transferred outside of the Indian Area. This and all other transmissions will remain secure and under our sole control. By clicking the `I accept` where you offer your information in return for services, you consent to such a transfer.

If we look to use your personal data for a new purpose, beyond what it was originally provided for, we will ask for your consent. You can choose to provide this consent in advance by indicating in the `opt-in` box at the point that personal data is collected.

DISCLOSURE AND VISITOR CHOICE

You may unsubscribe or opt-out of services at any time, details of how to opt-out is a simple process. Where we disclose your personal data for those purposes stated, we provide you with the means to opt-out of disclosure by either indicating in a box at the point of the site where personal data is collected, by sending an email or by sending postal mail to this address Himalaya Optical, 285/F, B.B. Ganguly Street, 1st Floor, Kolkata 700012

Where we disclose your personal data for purposes, which are different to those, stated we offer you the opportunity to consent prior to disclosure.

DATA RETENTION

All the data captured by us is retained by us.

SECURITY

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control that complies fully with data privacy & protection legislation appropriate to the jurisdiction applicable to the site. The security measures are designed to prevent unauthorized access, improper use or disclosure, unauthorized modification & unlawful destruction or accidental loss.

At present we do not give visitors to our Web site the option of using a secure transmission method to send us their personal data.

HYPERLINKS

The www.himalayaoptical.com website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the www.himalayaoptical.com website. www.himalayaoptical.com does not control those sites or their privacy practices, which may differ from www.himalayaoptical.com. We do not endorse or make any representations about third-party websites. The www.himalayaoptical.com Privacy Statement does not cover the personal data you choose to give to unrelated third parties. We encourage you to review the privacy policy of any company before submitting your personal information. Some third-party companies may choose to share their personal data with www.himalayaoptical.com; that sharing is governed by that third-party company`s privacy policy.

Data privacy legislation is subject to revision and we strongly suggest that you regularly check our privacy.