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Asian Eye Institute Inc., including its affiliates and subsidiaries place a premium on the confidentiality of personal data.
TERMS AND CONDITIONS OF USE (as of 19 November 2020)
In these Terms and Conditions, the terms “the Company”, “We”, and “Us” refer to Asian Eye Institute, Inc. or Asian Eye Shop, while “the Customer” and “You” refer to any person, firm or company that places an order through this e-commerce website. “Website”, on the other hand, pertains to the web-based and mobile versions of the website that is owned by the Company.
Read the following Terms and Conditions carefully before ordering any products from the Website. By accessing the Website or using its services, you accept and agree to be bound to the Terms and Conditions.
1.1 We reserve the right to amend these Terms and Conditions at any time, without prior notice. Your continued use of the Website after the changes are posted constitutes your agreement to the revised Terms and Conditions. If you disagree with any of the amendments, please do not access or use the Website.
1.2. You agree and undertake NOT to:
1.2.1. Post, promote, or transmit any materials which are or may be unlawful, offensive, indecent, or defamatory;
1.2.2. Upload any material which you have reason to suspect that contains viruses, damaging or harmful components that may corrupt data on the website or interfere with its operations;
1.2.3. Impersonate any person or entity or to falsely state or otherwise misrepresent your relationship with any person or entity;
1.2.4. Provide any inaccurate data on the Website;
1.2.5 Share or disclose your account information and/or password. You shall be solely responsible for maintaining the confidentiality and security of the same, and of all activities that occur under your account. You must inform us immediately if your account has been compromised or that there has been any unauthorized use thereof; and
1.2.6. Use any information for any illegal, improper, obscene or defamatory purposes
1.3. By posting any feedback, testimonials, comments, or suggestions (“Submission”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission to provide and/or promote this website and/or the Company in any media or platform. You also grant us the right to use the name you submit in connection with such Submission.
2. REGISTRATION AND ACCOUNT SECURITY
2.1. To access the Website and/or use the services therein, you must be at least eighteen (18) years old and have the legal capacity to enter into binding contracts. Minors can also access the site provided that they are under the supervision of its legal guardian, and in such case, the adult will be the user and is responsible for any and all activity. You agree, without limitation or qualification, to be bound by these Terms and Conditions.
2.2. You must register as a user before placing any order through the Website. Upon registration:
2.2.1. You must provide us with accurate and complete and up-to-date account information.
2.2.2 You agree that any person using the Website with your username and password is authorized to act as your agent, ratifying and confirming any and all acts such person may perform or do.
2.2.3. You must upload a copy of your competent proof of identity (“ID”) to avail the discounts mentioned in 9.1 to 9.2 under Discounts and Promotions.
2.3. You shall be responsible for maintaining the confidentiality of your password and the security of your account. The Company shall not be liable or responsible for any loss or damage arising from your failure to comply with the above requirements.
2.4. We have the discretion to refuse registration and suspend/terminate a Customer’s account for any reason whatsoever.
2.5. We presume that all orders made under your account are made by you. You agree to indemnify the Company for all claims, damages whatsoever arising from actions of a person placing orders through this Website using your username and password.
2.6. You must notify us immediately by sending an email at [email protected],if and when you find any unauthorized use of your username, password, or personal data.
2.7. We will deactivate your account if left inactive for three (3) years. Vouchers, coupons, and accumulated points will be forfeited after the lapse of the three-year period.
3. PRICE AND PRODUCT
3.1. The Company is responsible for ensuring that the prices, details, and sizes of each product on the website are up-to-date. The Company reserves the right to change prices without prior notice. Prices at completion of the checkout process are final.
3.2. The Company shall indicate if a product is limited in stock to provide the Customer other alternative options or the Customer may opt to be notified when it is available The Company reserves the right to offer the Customer other alternative products that are similar in value and nature.
3.3. All product prices listed are in Philippine Pesos (PhP), inclusive of VAT. Other incidental charges and delivery charges are excluded from the product prices listed on the product page and shall be indicated separately on the checkout page.
3.4. Prices charged for purchases on the Website may be different from those charged in our in-clinic stores.
3.5. All orders are subject for confirmation of final availability and the Company reserves the right to discard the order, with notice to you, only in the event of unavailability of the products or services requested, or any payment issue/s. In the event that the Company is unable to fulfill any of the products or services in your order, we will notify you by phone, Facebook messenger and/or email. Our Customer service will get in touch with you as well
3.6. The Customer accepts that the images displaying a product are for illustration purposes only and that actual size, dimension, and color may slightly differ from the actual. The Customer also accepts that an ordered product satisfies the Customer’s intent or purpose in placing the order. Lastly, the Customer accepts that products displayed in the website are standard and not made specifically for said Customer.
3.7. The Company offers affordable product and service packages to the Customer. These packages can be viewed under Package Offerings found at the Footer section of the Homepage. These packages require face-to-face measurement and fittings in our clinic, for accuracy and holistic assessment. To avail of the service component of the package, the Customer can set an appointment in any of his or her preferred Asian Eye and EyeSite clinics, via the Book an Appointment By purchasing such a package, the Customer acknowledges that he or she has read and understood the inclusions of the said package.
3.8. The Customer shall be required to upload a valid prescription from an Optometrist and/or Ophthalmologist (collectively “MD”) when ordering optical products like eyeglasses and contact lenses, as well as other eye medicines. In the event that the Customer fails to upload a valid prescription, the Company reserves the right not to fulfill any of the products or services in the order. A valid prescription for optical products must have the Customer’s full name, MD’s name, MD’s PRC and PTR number, MD’s signature and date. Customer shall warrant the validity and authenticity of the prescriptions. The following information should also be present on the prescription for specific products:
3.8.2. Contact lenses - power, base curve, diameter, brand
3.8.3. Medicines - date (6 months to 1 year for maintenance medicines and 1 week if for antibiotics) generic name/brand, quantity and dosage form
3.9. The Company ensures that the products are of quality and comply with the relevant standards, and the medicines abide by the regulations of the Food and Drug Administration (FDA). Certifications may also be provided for products, including but not limited to PPEs (goggles and face shields). Before dispensing, optical products undergo a thorough quality check to make sure they meet the ISO standard of quality – from the frame, lens and accuracy of the prescription, which includes power, axis, PD, lens design, and lens materials, as well as coatings, including the presence of UV400, blue light protection, polarized and/or photochromic coatings.
3.10. In cases when the Customer needs to undergo eye services to avail of the Website’s product/s, the Company may offer services, such as complete eye checkup, refraction or teleconsultation, at any of its physical clinics.
3.10.1. Complete eye checkup involves a series of tests that measures the eye grade and evaluate the overall eye condition. Eyeglass/Contact Lens and medicine prescriptions may be provided afterwards. The Customer may set an appointment via Book an Appointment section on the website for in-clinic consultation.
3.10.2. Teleconsultation allows the Customer to talk to an eye doctor about your eye concern/s through a video call. E-prescriptions may also be given to previous patients of Asian Eye, EyeSite or EyeSite Vision Studio, provided that the last checkup is within the prescribed/recommended period. The Customer can set an appointment through the TeleHealth Hotline at +63917-800-9013. Additional information about this service can be accessed by clicking on the Teleconsultation button under the Book an Appointment
3.11. Below is the definition of the following available lens upgrades:
3.11.1. Standard is a clear ophthalmic lens without any special coating that protects your eyes from harmful UV lights.
3.11.2. Multicoated Lenses are a combination of anti-reflection, scratch-resistant, water and dust -repellant, and anti-UV coatings.
3.11.3. UV + Blue Light Lenses help reduce eye strain from sunlight exposure and prolonged use of computers, tablets, or smartphones; regulates wake-sleep body clock pattern.
3.11.4. Polarized Lenses provide UV protection and reduce glare from light-reflecting surfaces like water, sand carhoods, windshields or light-colored pavements.
3.11.5. Photochromic Lenses automatically darken when exposed to the ultraviolet rays from sunlight or other light sources and clears indoors
3.11.6.Depending on the color of the lenses, Tinted Lenses can help enhance or lessen intensity of colors and reduce glare/enhance contrast.
3.11.7. Mirror Lenses have highly reflective coatings that cause light to bounce off the lenses while also concealing the eyes from view.
4. CHECKOUT AND ORDER
4.1. The Customer has the responsibility to check the accuracy of all the details on the checkout page. Upon clicking the place order button, all information for the order cannot be changed. The Customer will need to login in order to complete the purchased process.
4.2. The Customer must accept the net price displayed in the checkout page before order will be processed. Breakdown of the net price shall be displayed on the checkout page. Net price shall include the product price, any discount, tax, and delivery charges. The order will only be considered as placed if the Customer finishes the checkout process.
4.3. The Customer finishing the checkout process implies that he or she agrees with the latest Terms and Conditions. It shall be the Customer’s responsibility to review and accept the latest Terms and Conditions. Upon finishing the checkout process, we will notify you by email that the order is received.
4.4. To ensure the accuracy of purchase and the Customer’s comfort; for eyeglasses, contact lenses and medicines that require prescription, please allow some time for our optometrists and pharmacists to assess the orders. Uploaded prescriptions will be evaluated. Customers will be notified of the results via email or SMS. Approved prescriptions can immediately proceed to Check out and Payment. Our Customer Service, Optometrist, or Pharmacist will contact the Customer for prescriptions that are needing of further clarification or information.
4.5. The Customer accepts that the order is subject for final review and approval by the Company to those requiring prescription. The Company reserves the right to decline the order if the order placed leads us to believe that usage is not for personal use, the transaction is fraudulent, or for other reason(s) deemed by the Company as sufficient ground(s) for cancellation.
5.1. The Customer shall pay the full at the checkout page the total net price if the payment method is other than “cash on delivery” (COD) for the order to be considered placed.
5.2. The Company engages Paynamics in providing secured online payments. The Company shall not store any information regarding the Customer’s payment information.
5.3. The Company reserves the right to review the payment method used by the Customer if it was properly processed. The Customer agrees to provide the Company one (1) working day to review. It is the Company’s responsibility to notify the Customer by email or SMS of any issues, inconsistencies, and dispute with the payment. In such circumstances, the Customer may change the payment method by checking out the item again.
5.4. For credit card transactions, it is the Customer’s responsibility to ensure that a credit balance exists to pay for the total price of the product. If the payment cannot be processed, the order will not be placed. It is the Customer’s responsibility to resolve any issues with its issuing bank. If the payment was processed but was not accepted by the Company, the Customer is entitled for refund; please refer to section on refunds for further details.
5.5. For over the counter payments (such as 7-11, bank bills payment), the validity of it will only be for forty-eight (48) hours from the time the order was placed. Expiration of payment will result to cancellation of order.
5.6. The Company reserves the right to modify the mode of payment available for each product offered in the website, without prior notice.
5.7. The Company reserves the right to suspend or cancel the delivery if the Customer fails to pay in full regardless of the payment method selected.
6.1. The Company reserves the right to cancel an order if the product runs out of stock or for whatever reason it deems appropriate and necessary such as but not limited to suspicious or fraudulent transactions. Cancellation is per order and not per item.
6.2. The Company has the responsibility to notify the Customer by email, by phone or any other means available that the Customer’s order has been cancelled and the reason behind that cancellation.
6.3. Cancellation of orders paid using credit cards, debit card, G-Cash, PayPal will be refunded by reversal if cancelled before 5:00pm on the day the order was placed. The Customer may cancel an order by clicking the Order Cancellation form on the order confirmation email.
6.4. The Customer can cancel an order on or before 5:00pm on the day the order was checked out. However, the Company has the right to review the frequency of cancellations of a Customer and may terminate the Customer’s account if the right to cancel an order is being abused.
6.5. The Customer accepts that limited-stock items, hygiene-sensitive products such as contact lens, medicines that require refrigeration, and items that requires a job order such prescription lenses and compounded medicines once checked out cannot be cancelled.
7. DELIVERY TO DESIGNATED ADDRESS
7.1. Delivery fee will vary depending on the distance of the designated address from Makati, Metro Manila and the type of selected delivery (Express or Regular). Delivery fee will be displayed separately on the checkout page. Express deliveries is only available within NCR.
7.2. Deliveries are only available within the Philippines subject to availability of courier services in a particular area. Regular delivery will take two to three (2-3) calendar days, if designated address is within the National Capital Region (NCR); and four to ten (4-10) calendar days if outside NCR, from date of notification of shipment. Express deliveries are delivered within the day. Cutoff time for express deliveries is 2:00pm. If express order is placed after the cutoff time, it will be delivered in the following working day.
7.3. It is the customer’s responsibility to inspect the product upon receipt and to report within twenty-four (24) hours of any damage or any evidence that the product has been tampered with. The Customer accepts that failure to do so shall mean that the item has been received in good condition.
7.4. In the event that the expected is delivery due to unforeseeable events not within the Company’s control such as fortuitous events or other similar conditions, the Customer accepts that the Company is not liable of any losses, damages, costs or expenses it may have caused due to late delivery.
7.5. Authorized representative of the Customer may receive the Customer’s order provided that valid proof of authorization is presented.
8. PICK-UP AT BRANCH
8.1. Orders will be ready for pick-up within 2 to 3 working days from the date the order was placed. The Company is responsible for notifying the Customer via email and SMS that the order ready for pick-up. The customer may pick up their order(s) in Asian Eye Institute, 9th Floor, Phinma Plaza, Plaza Drive, Rockwell Center, Makati City.
8.2. The following will be requested from the Customer: Proof of order (e.g. screenshot of item ordered from the website), proof of payment if paid online, and proof of identity of the Customer. If the order will be picked up by a representative of the Customer, in addition to the aforementioned documents, the following will also be requested: letter of authorization by the Customer and proof of identity of the representative. The Company reserves the right to reject the pickup if it is not assured with the identity of the Customer or of the representative.
8.3. The order will be cancelled if the Customer fails to collect the order within five (5) working days from the day the Customer was notified that the order is ready for pickup. Any online payments made will be refunded in accordance with the Company’s refund policy.
8.4. There will be no delivery fee charged if the order is for pick-up. In case of re-delivery arrangements, the Company reserves the right to charge a reasonable fee.
9. DISCOUNTS AND PROMOTIONS
9.1. Senior citizens (SC), persons with disabilities (PWD) and National Athletes’ discounts can be claimed by the Customer provided that the Customer uploads their ID on their profile page. Validity of the ID will be subject for review by the Company and will take one to two (1-2) working days to verify.
9.2. Verified Customers that are SC, PWD or National Athlete can claim twenty percent (20%) discount only on the product price. Only SC and PWD will be VAT (Value Added Tax)-exempt for qualified products and subject to the requirements of existing tax rules and regulations. The final price will be indicated on the checkout page.
9.3. The Customer accepts that promotional discounts will only be applied to the total product price and not on the delivery fee or other incidental costs to be charged unless otherwise stated.
9.4. If the Customer claiming a promotional discount is a SC, PWD or a National Athlete, only one discount will be applied whichever is the most beneficial to the Customer. Regardless of what discount will be applied, VAT exemption on qualified products and/or services shall apply only to the price of the product availed of by SC and PWD Customers and subject to the requirements of existing tax rules and regulations. VAT will still be applied on the delivery fee regardless of the Customer’s verified ID.
9.5. Diplomats will be exempted from VAT provided that a proof of the Customer’s identity will be uploaded to the Customer’s profile page in the website.
9.6. Products that require prescription can only be discounted if the valid ID matches the identity indicated in the prescription.
9.7. In case of a minor, SC, or a PWD who cannot access the website properly, a representative may assist in the creation of an account provided that the representative should register under the name of the minor, SC, or PWD.
9.8. Ordering the same item of more than the prescribed quantity or more than three (3) for non-prescription required items will be considered as bulk order. Only one (1) item will be discounted for bulk orders.
9.9. The Customer accepts that placing an order prior to verification of the Customer’s valid ID operates as an acceptance of forfeiture of claiming any discount on an order.
9.10. For avoidance of confusion, promotional discounts will only pertain to explicit rates on the total order price exclusive of VAT that will be deducted to the total order price. The new discounted order price will be the new basis of VAT. Gift vouchers with flat amounts are considered as cash payments that can be claimed on top of any discounts unless otherwise stated.
10. DISPENSING OF PRODUCTS
10.1 The Company ensures that all products displayed in the website are properly prepared, compounded or manufactured, preserved, stored and dispensed by appropriate registered professionals. The Customer can view the Company’s professional credentials through asianeyeinstitute.com.
10.2. Prescription will be requested from the Customer if the product being ordered requires so. The prescription can be uploaded at the profile page or upon checkout.
10.3. For new contact lens wearers or shifters to a new contact lens brand, our optometrist requires assisted fitting of the contact lenses. The fitting ensures that the wearer is comfortable wearing the lenses and if there are adjustments needed, it will be addressed immediately.
11. RETURN AND EXCHANGE/REFUND
11.1 The Customer shall examine the products upon collection or delivery for any deficiencies and/or damages. Products to be returned must be returned in its original packaging, unused, with all accessories. The Customer may request the return and exchange/refund within five (5) days upon receipt of the item purchased. If the Company did not receive any such request from the Customer within five (5) days, it will be conclusively presumed that the product delivered by the Company is in order and in an acceptable condition for use by the Customer, thus, it can no longer be returned/exchanged or entitled to a refund.
11.2. The Company reserves the right to review or evaluate the Customer’s reason for requesting the return and exchange or refund on a case-by-case basis. The Company will reject requests not within the Company’s refund policy or any applicable laws and regulations.
11.3. The Customer must accomplish the Return and Refund form and send back the item through their preferred courier within 5 days upon the receipt of the item. All items will be sent to Asian Eye Institute, 9th Floor, Phinma Plaza, Rockwell Center, Makati City; Mondays thru Fridays, from 10AM to 4PM. The returned item will be evaluated if it’s still in complete and original condition. The cost of courier service and other related costs will not be reimbursed or form part of the refund.
11.4. The Customer can opt to exchange the items for a gift certificate or other items of same or higher value with the price difference to be settled by the Customer. Exchanging for a lower value is allowed provided that the Customer accepts that the residual amount is non-refundable
11.5. The manner of refund will depend on the mode of payment originally made by the Customer as follows:
11.5.1. For credit card, debit card, G-Cash and PayPal payments, reversal is instant if the cancellation is made before 5PM on the day the order is placed. Posting of reversal will take at least seven to fifteen (7-15) working days, depending on the issuing bank or the service provider. If the request for refund is past the cutoff time, refunds on other modes of payments will be followed.
11.5.2. For other modes of payments, refund will either be directly deposited to the Customer’s bank account or through scheduling a pickup of a check to any branches, whichever is more convenient to the Customer. This will be processed within at least ten (10) working days upon complete submission of requirements on the request for refund. Certain items may take longer processing time.
11.6. The following products are non-refundable:
11.6.1. Medical items that require refrigeration and proper storekeeping by a registered pharmacist, such as Taflotan-S, Tapcom-S, Xalatan and Xalacom.
11.6.2. Customized items or orders that require a job order, including lens upgrades and prescription lenses.
11.6.3. Hygiene-sensitive items, such as contact lenses.
11.7. Only the price of the item/s on the original sale net of any discounts and VAT will be refunded. No fee shall be charged to the Customer requesting a refund. However, any delivery fees, convenience fee and any other incidental charges incurred on the original purchase and processing the refund will not be refunded.
11.8. For purposes of avoiding confusion, no refunds will be paid through any of the Company’s branches.
11.9. The refund will only be processed upon receipt of the item being returned and the accomplished Return and Refund form. The Company will process the refund within five (5) working days.
12.1. Warranty services will be provided only for frames and lenses and will be based on the brand’s warranty coverage. The Customer may ask for a product’s warranty coverage through our Customer Service accessible through the Company’s official Facebook messenger, SMS or email or by visiting any of the Company’s branches.
12.2. The Customer may inquire or purchase spare parts of optical products available on the site or in any of our clinics.
12.3. Warranty services will be voided if damages are due to the Customer’s negligence or the product has been utilized other than personal use.
12.4. Except as expressly provided herein, the company makes no warranties of any kind, whether express, implied, oral or written, statutory or otherwise, and the Company hereby disclaims all implied warranties and conditions, including, to the maximum extent permitted by applicable law, any warranties of merchantability or fitness for any particular purpose, or any warranty with respect to the quality, performance, accuracy or functionality of the products or services or that the products or services are or will be error free or will accomplish any particular result.
13. LIMITATION OF LIABILITY
13.1 The Company’s total aggregate liability relating to these Terms and Conditions (whether in contract or tort or under any other theory of liability) shall not exceed the amount paid or payable by Customer for those products or services giving rise to such claim.
13.2. The Company shall not be liable to the Customer for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by law.
14. FORCE MAJEURE
14.1. We shall not be liable for any breach of our obligations where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, epidemic, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
16.1. The Customer shall defend, indemnify, and hold harmless the Company and all directors, officers, employees, representatives and agents, subsidiaries and affiliates thereof and their respective directors, officers, employees, representatives and agents, against any and all claims, judgments, actions, debts or rights of action, suits, expenses, costs, loss and damage (including, without limitation, any direct or indirect consequential losses, loss of profit and loss of reputation, and all interest, penalties, legal fees, and other professional costs and expenses) arising from any breach by Customer or its representative of these Terms and Conditions.
17. APPLICABLE LAW
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Philippines, and any dispute arising out of or in connection with such shall exclusively be submitted to the competent courts in the City of Makati, Philippines, to the exclusion of all other courts Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights.
18. INTELLECTUAL PROPERTY
18.1. All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other materials (collectively "Content") made available in this Website are protected by copyrights, trademarks, or other proprietary rights. These rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such Content is proprietary to the Company and/or our suppliers. You may not copy, modify, remove, delete, augment, add to, publish, transmit, rent, sell, create derivative works from, or in any way use or exploit any of the Content, in whole or in part.
18.2. All trademarks, logos, domain names and other distinctive brand features displayed or made available in the Website are property of the Company. You must not use any part of the Content on this Website without the Company’s written permission.
18.3. If permission is granted, you may only download, print or use the Content for personal and non-commercial uses, provided that you make no modifications to any part of the Content. The Company retains all copyright and other proprietary rights and notices contained in the Content.
18.4. You must not use the services and Content of the Website, even parts of it, for commercial purposes. Any infringement may be subject to legal action.
19. THIRD PARTY LINKS
19.1. The Website may contain links to other websites, applications, or online services that may not be operated, controlled or owned by the Company. These links are provided solely as convenience to you and are not an endorsement by us. We are in no way responsible for their privacy practices, promotions, or inaccuracy. If you use these links and leave the Website, you agree that your access to these links is at your own risk. We encourage you to review their separate privacy policies and/or terms and conditions.
20. CUSTOMER COMMUNICATION
20.1. Any non-personal information, idea, suggestion, concept, know-how, comment or question (User Communications) you submit, upload or post to or through the Website will be treated as non-confidential and non-proprietary. You hereby authorize the Company to use these for any purpose, including but not limited to, reproduction, transmission, disclosure, publication, broadcast, development, deletion and manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
20.2. We shall not take responsibility or liability for the content or accuracy of any User Communications posted by you any other on the Website. However, we retain the right to remove any or all User Communications that do not comply with our standards. We shall have no obligation to monitor, edit, use, review, or respond to any User Communications.
21.1. The Customer may terminate his/her account at any time the Customer wishes to do so. However, the Customer will still be liable on any orders checked out and not yet delivered prior to termination.
21.2. The Company reserves the right to terminate or suspend a Customer account on whatever reason it deems appropriate such as those mentioned in these terms and conditions.
22.3. The Company will notify the Customer of its reason to terminate or suspend the Customer’s account by email.