TERMS AND CONDITIONS

 

Agreement between User and www.winkniks.com

Welcome to www.winkniks.com. The www.winkniks.com website (the “Site”) is comprised of various web pages operated by Winkniks (the “Company”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them of your reference.

 

www.winkniks.com is an E-Commerce site. It serves as an Ecommerce platform for a user to buy and Winkniks to sell Winkniks’ products.

Privacy

Your use of the Site is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Purchase of Products

By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. We reserve the right to reject orders and limit order quantities in our sole discretion.

 

Without limiting the generality of the disclaimers and limitations set forth in these Terms and Conditions, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site and we may change information at any time. We determine product availability upon receipt and automatic acknowledgement of orders.

 

By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax.

 

We will deliver the products you purchased to a common carrier at our warehouse for shipment to the destination in the continental United States that you select (we do not ship to Canada); other details regarding shipping and delivery are described in our Shipping Policy. You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse.

 

We do not accept any cancellations or returns except as specified in the Return & Cancellation Policies or required by applicable law. 

Return & Cancellation Policies

You may cancel your order and will be fully refunded within 24 hours of purchase by emailing info@winkniks.com. After this period, cancellation will be processed after you receive the products. If you wish to cancel your order after receiving the products, simply email your return request to info@winkniks.com, and we will email you a return authorization form. Please send back the frame(s) in the original box with a printout of the completed return authorization form, and email us back your shipment tracking number. Currently we do not offer free return shipping except for purchases of 2 or more frames. The package may be returned to the following recipient address:

 

P.O. Box 80646

San Marino, CA 91118

 

We will fully refund you provided the products are in their original sellable condition. We apologize in advance that refund will not be granted after 14 days of purchase. For more details please refer to our Return Policy.

Limited Warranty

The Winkniks limited warranty covers all defects in materials or workmanship of your frame. We’re confident about the quality of our products, but if you have a defective frame, please return it via our Return Policy, and we’ll try to repair the frame. If we’re unable to repair the defect, then we’ll gladly replace it with a new frame or refund you the purchase price. You bear only the costs of postage/shipping to Winkniks. This limited warranty is effective for 1 year from the date of purchase.

 

The warranty does not cover scratches on lenses; damages caused by accident, abuse, neglect, shock, improper use or storage; damage caused by chemicals (hair spray, perfume, cologne, window cleaner, alcohol, etc.); modifications or repairs; normal wear and tear; problems related to prescription lenses; and loss of eyewear. The warranty described above applies to and benefits only ordinary consumers and not commercial resellers.

 

Implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed. You further waive claims for loss of profits and consequential and incidental damages.

Electronic Communications

Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

The Company does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Site only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

www.winkniks.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the site or any association with its operators.

Trademark

All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to the Company or such Marks’ owners. You may not display or reproduce the Marks other than with the prior written consent of the Company, and you may not remove or otherwise modify any trademark notices from any content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content,in whole or in part, found on the Site. The Company’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

 

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access or all of the Communication Services at any time without notice for any reason whatsoever.

 

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

 

The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

 

 

Materials Provided to the Site or Posted on any Site’s Web Page The Company does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to the Company’s Site or our associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting the Company, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

International Users

The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

 

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

 

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration services selected by the parties, in a location mutually agreed upon by the parties.

 

The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABLITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

 

 

Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site.

 

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

The Company welcomes your questions or comments regarding the Terms:

 

WINKNIKS

PO BOX 80646

SAN MARINO, CA 91118

 

Email Address:

info@winkniks.com  

 

Effective as of November 1, 2017.

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