Terms & Conditions
Terms and Conditions of Use
Thank you for visiting the PVO Eyewear website. This website and eCommerce are owned and operated by Insight Optical Inc, a company incorporated under the laws of British Columbia.
These Terms and Conditions apply to the use of this website, including the purchase of goods on this website. In accessing any portion of this website or using this website for the purchase of goods or for any other purposes, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to this website, these Terms and Conditions, or the policies and conditions that govern the use of the website at any time. We encourage you to review the website and the Terms and Conditions periodically for any updates or changes. Your continued access or use of the website shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes. These Terms and Conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
We have the right at any time to change or discontinue any aspect or feature of the website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the website. Use of this website is solely at our discretion, and we reserve the right to prohibit anyone from accessing, browsing, supplying information to, downloading information from, or conducting business on this website.
Amendments to Terms and Conditions
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will deemed consent by you to be bound by the Terms and Conditions as amended.
In these Terms and Conditions, the expressions "we", "us" and "our" are a reference to Insight Optical Inc. and/or PVO Eyewear.
You will follow the ordering procedure described on this website.
We give no undertaking as to the availability of products advertised on this website.
Delivery of the goods to you will be effected in the manner described on this website.
Title in the goods does not pass to you until payment has been received.
Risk of loss or damage to the goods passes to you upon dispatch of the goods.
Payment must be effected in the manner described on the website. Prices are exclusive of goods and services tax, provincial sales tax, and all other taxes, duties and charges imposed or levied in Canada in connection with the supply of goods.
The goods are offered for sale only to persons who can make legally binding contracts.
Cancellation Due to Error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or any oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your payment is completed. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your payment is completed for the purchase, we will immediately issue a credit to your Credit Card or PayPal account for the amount in question.
Valid Prescription Required
By placing an order with us, you certify that you have a valid prescription from a certified eye care physician or an equivalent eye care professional for the contact lenses that you are ordering. Further, you certify that the information submitted to us matches the prescription given to you by the eye care professional and is valid within the time period specified by the same eye care professional. You further certify that you will renew your prescription in strict accordance with your eye care provider’s suggested regime.
We are in no way obligated to fulfill orders if we are unable to verify your prescription.
By providing contact information for your eye care professional, you grant us the right to contact him/ her on your behalf in order to verify your prescription and any other information provided.
We are not responsible for any merchandise lost or damaged while en route to our customer support center.
The information, services and products contained in this website are provided on an "as is" basis. Insight Optical Inc. and PVO Eyewear make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials or products included on this website. You expressly agree that your use of this website is at your own risk.
We do not assume responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we assume any responsibility for any such loss or damage arising out of your use of or reliance on information contained on or accessed through this website.
To the full extent permitted by applicable law, any condition or warranty which would otherwise be implied in these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods,
- the replacement of the goods or the supply of equivalent goods,
- the repair of such goods,
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; and
(b) if the breach relates to services,
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms and Conditions, we will not accept liability to you in respect of any loss or damage (including indirect, incidental, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms and Conditions.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You agree to comply with all applicable laws and regulations regarding your use of this website, You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the avoidance of doubt, we do not assume responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
This website does not provide a medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care. All specific medical questions you may have about your specific medical condition, treatment, care or diagnosis must be presented to your professional eyecare provider. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this website.
The information on this website is geared towards the general consumer and is no substitute for a consultation with your physician who understands your particular needs.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
It is your obligation as the customer to complete all forms and queries with accurate information. We cannot be held responsible for errors made due to incorrect information submitted by you. It is also your responsibility to update your information as it changes.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites ) rests solely with the advertisers. We provide the links to you only as a convenience. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods acquired from us over this website will meet your requirements.
Details contained on this website relating to goods or services have been prepared in accordance with the laws of British Columbia and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside British Columbia and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. All other brands and names (including third-party product names) are the property of their respective owners. Other than for the purposes of, and subject to the conditions prescribed under, Canadian copyright laws, including but not limited to the Copyright Act (R.S.C., 1985, c. C-42), international treaties, and similar legislation which applies in your location, and except as expressly authorized by these Terms and Conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialize any information, products or services obtained from any part of this website without our written permission.
Insight Optical Inc., PVO Eyewear and Pvoeyewear.ca are trade marks belonging to us.
Except where otherwise specified, any word or device to which is attached the TM or R symbol is a registered trademark.
If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including this website).
Unless we agree otherwise in writing, you are provided with access to this website only for your personal information and non-commercial use and on the basis that you do not alter or modify the content in any way, and maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. You are authorized to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. Any opinions, advice, statements, or other information or content expressed or made available by third parties, including but not limited to linked websites, are those of the respective author(s) or distributor(s) and not of Insight Optical Inc. or PVO Eyewear. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the website by anyone other than authorized Insight Optical Inc. spokespersons acting in their official capacities.
When you visit www.pvoeyewear.ca or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically regarding a purchase or response to a question or comment or because you have chosen to receive promotional, legal or reminder emails about your contact lenses. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the website.
We may terminate your access, or suspend your access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the website with or without notice. You agree that any termination of your access to the website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the website.
Our Disclaimer will nevertheless survive the termination of your account or access to this website.
These Terms and Conditions are governed by the laws in force in British Columbia. You agree to submit to the non-exclusive jurisdiction of the courts of British Columbia.
Any dispute relating in any way to your visit to this website or to products you purchase through us shall be governed by the laws of British Columbia, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in British Columbia and irrevocably agree that all disputes 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.
We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond our reasonable control. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force and effect.
We will not sell, rent or otherwise disclose your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the avoidance of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
We may collect website visitors' contact information (this may include information like names, email, postal addresses, etc). Unless you object, this information may be used:
- to send news, information about our activities, and general promotional material which we believe may be useful to you;
- to monitor who is accessing the website or using services offered on the website; and
- to profile the type of people accessing the website.
If you do not wish to have your personal information used in these manners or for any other specific purpose, you can email us accordingly.
With your express consent, your contact information will be used to send news, information about our activities, and general promotional material which we believe may be useful to you. You may unsubscribe at any time by clicking the “unsubscribe” button in our emails.
We utilize "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the website. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
- we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
- we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
- we are required by law to disclose the information.
All personal information which we collect (including your contact details and, if relevant, payment details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
Re European Union’s General Data Protection Regulation (GDPR)
We have updated our terms and conditions in response to the implementation of the European Union’s General Data Protection Regulation (GDPR). This site will not be able to sell and/or ship out goods to those located in the European Economic Area (EEA).