Terms of Service

UPDATED MAY 7TH, 2020

1. ACCEPTANCE OF TERMS

Welcome to Holbert. The following terms of use (these “Terms of Use”) govern your access to and use of this Web site www.holbert.com (the “Site”) and your purchase of prescription and non-prescription optical products, including without limitation, contact lenses.

Holbert is permitting you to use the Site subject to these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not authorized to use or access our Site and should exit immediately. By accessing the Site or using its current or future services, including when you purchase optical products through the Site, you indicate that you have read, understand, and accept to be bound by these Terms of Use.

Holbert reserves the right to modify these Terms of Use at any time in its sole discretion. Any use of the Site or its services following modification of these Terms of Use will be deemed acceptance of those modifications. Please review these Terms of Use periodically for the most recent version. Subject to applicable law, any modification of these Terms of Use will apply to all transactions and information then or thereafter in the control of Holbert and its service providers and suppliers. These Terms of Use constitute the entire agreement between you and Holbert with respect to the subject matter of these Terms of Use.

Any questions, comments or complaints regarding the Site should be directed to the Holbert Customer Service Team at – 408.245.5725 or info@holbert.com

2. HOLBERT SERVICES

Holbert operates this Site to facilitate the sale of prescription and non-prescription optical products, including without limitation, contact lenses.

To purchase optical products through this Site, you consent(a) for prescription verification, your eye care practitioner (an “ECP”) must be notified of all prescription products sold to you, and (b) your ECP disclosing your prescription and other related information to Holbert, its suppliers, and service providers as necessary to fulfill your order. To purchase optical products through this Site, you must be at least eighteen years old or, if you are between the ages of thirteen and eighteen, your parent or legal guardian must supervise your use of the Site.

You understand and agree that Holbert, at its discretion, at any time and without notice, reserves the right to modify, enhance or supplement the Site or the services provided through the Site. You further understand and agree that any such changes will automatically constitute part of the services and as such, will also be subject to these Terms of Use unless expressly stated otherwise. You understand and agree that Holbert, at its discretion, at any time and without notice, reserves the right to discontinue the Site, the services or both, including without limitation access to any content, products or services offered in connection with the Site, in whole or in part, temporarily or permanently, before or after submission of an order to purchase optical products. Holbert takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation. If your credit card has already been charged for the purchase and your order is cancelled, Holbert shall issue a credit to your credit card account in the amount of the incorrect price.

Holbert hopes to make the Site available all day, every day, with the exception of scheduled maintenance. Many factors, however, impact the availability of the Site, including without limitation maintenance, system, or equipment failure or problems encountered with suppliers or service providers, and Holbert does not guarantee the availability or functionality of the Site.

3. USING YOUR PASSWORD

When you register an account or change your account information, you shall receive a confirmation of the same on the email address associated with your account. All content or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions, or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone who is not you may have obtained access to your password, change the password immediately. If you are unable to change your password or you suspect unauthorized activity with your password and username, contact the Holbert Customer Service Team at 408.245.5725 or info@holbert.com immediately.

4. ORDERING AND PAYMENT POLICIES

Holbert only accepts valid credit cards or other payment method as indicated on the Site (the “Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the Payment Method and that you authorize Holbert to charge your entire order to that Payment Method. If the Payment Method is invalid, cannot be verified, or is otherwise unacceptable, Holbert may suspend or cancel your order without notice. You agree to keep your Payment Method current until the order is complete and to quickly resolve any problems that Holbert encounters while processing your order. You shall make and keep a copy of all records relating to your order, including without limitation your order confirmation page.

Any applicable taxes and shipping and handling charges are additional. All prices are listed in U.S. dollars and are subject to change without notice.

If the product you order is manufactured and sold by a company under multiple labels, you agree that any of those labels may be substituted for the label you order. All items are subject to availability and Holbert reserves the right to impose quantity limits, to reject all or part of an order, and to discontinue products without notice. Some frame and lens combinations are not ideally compatible.  If you order one of these combinations, Holbert will contact you to so you can choose an alternative frame or lens.

5. SHIPPING

To make a purchase on the Site, you must have a United States shipping address. Shipments will not be made to a post office box. Shipping and handling fees are available at check-out and Holbert reserves the right to change the fees from time to time without notice. You agree to be bound by the details that appear when you complete your order. Shipping and handling fees may or may not reflect actual costs.

All orders are shipment contracts, not destination contracts. Any shipping time shown on the Site is an estimate only and actual delivery dates may vary.

6. RETURNS AND PROBLEMS WITH OPTICAL PRODUCTS

We want you to be completely satisfied with your purchase. If you’re not, we’re happy to give you a refund or exchange.

Please follow the instructions on eyeconic.com to initiate a return or otherwise contact the Holbert Customer Service team at 408.245.5725 or info@holbert.com They’ll provide a Return Number (RN) for you to send the merchandise back to Holbert within 60 days of the original shipping date.

A FEW THINGS TO NOTE:

We can’t refund you for glasses damaged beyond normal wear and tear or contact lenses and vials removed from their original packaging. You must return all products in the resalable packaging they came in – glasses must return with resalable frame case, and contact lenses must return in original sealed box. The product and packaging may not be tampered with including but not limited to markings, writing or stickers on them.

All refunds will be credited to whatever payment method you chose at checkout. It usually takes about 7-10 business days from the time we process your return for you to receive the credit.

IF YOU HAVE PROBLEMS WITH YOUR OPTICAL PRODUCT, INCLUDING WITHOUT LIMITATION, CONTACT LENSES, PLEASE CONTACT YOUR OPTOMETRIST. IF YOU HAVE UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR OPTICAL PRODUCT IMMEDIATELY AND CONSULT YOUR ECP BEFORE USING OR WEARING THEM AGAIN.

After wearing your new contact lenses, return to your prescribing optometrist for proper evaluation and verification of fitment, insertion and follow-up care. If you do not return to your prescribing optometrist, your prescribing optometrist shall not be responsible for any damages or injury resulting from the prescribed lenses.

WARNING: If you are having any of the following symptoms, remove your lenses immediately and consult your optometrist before wearing your lenses again: Unexplained eye discomfort, watering, vision change or redness.

7. RESTRICTIONS ON USE

In addition to the other restrictions provided in these Terms of Use, you may not, while accessing or using the Site, engage in any of the following activities: (a) provide false or misleading registration information; (b) disclose your username or password to anyone; (c) use the account, username, password, or personal information of another user; (d) harvest or collect information about any users of the Site; (e) use any robot, spider, site search, or retrieval application or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content; (f) modify the information, content, programs, or other materials on the Site or hack into or access the server or Site in an unauthorized manner; (g) frame or mirror any part of the Site; (h) use the Site in a manner inconsistent with applicable laws, rules, and regulations; (i) upload or input to the Site any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any portion or system of the Site; or (j) reverse engineer, decompile, disassemble, translate, or otherwise alter any portion of the Site.

8. THIRD PARTY SITES, PRODUCTS, AND SERVICES

Holbert may link to various external websites that are not under the control of Holbert and you agree that Holbert is not responsible for the content, products, or services offered and/or sold by any linked site or any link contained in a linked site. Holbert does not assume any responsibility or liability for the actions, products, or content of any of these or other third party websites. Links are provided solely for your convenience and Holbert does not guarantee the accuracy or completeness of, or endorse any content of any external website. Holbert reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and in no event will Holbert be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external website.

9. PRIVACY

To understand our privacy practices and how we may collect, use, store and share your data, including Personally Identifiable Information (PII) and/or Protected Health Information (PHI) when you use this Site, please click here to review our Privacy Notice, which is incorporated herein by reference. Although Holbert may provide links to external websites on this Site, Holbert is not responsible for the privacy practices employed by those external websites. Holbert cannot guarantee the security of any data submitted through the Internet.

10. OWNERSHIP

All content on the Site, including without limitation the text, graphics, images, URLs, script, and logos, is the property of Holbert or its content suppliers and business affiliates and is protected under the copyright, trademark, and other laws of the United States. Nothing on the Site grants you any right or license to use any of the content on the Site without the express written permission of Holbert. Except as may be explicitly permitted on the Site, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Site unless you first obtain Holbert written permission.

Except with regard to personal information or Protected Health Information, as that term is defined in privacy regulations issued pursuant to HIPAA, all information you post on the Site or communicate to Holbert through the Site (collectively, “Submissions”) will forever be the property of Holbert. Holbert shall not treat any Submission as confidential and shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You hereby represent that your Submission does not infringe the rights of any third party.

11. LIMITATION OF LIABILITY

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL HOLBERT, ANY HOLBERT AFFILIATE, CONTRACTOR, SUPPLIER, SERVICE PROVIDER, EMPLOYEE, AGENT, OR LICENSOR OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS SERVICES (THE “HOLBERT AFFILIATES”) BE LIABLE IN ANY MANNER WHATSOEVER (A) FOR ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE; (B) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) FOR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR THIRD PARTY CONTENT OR OTHER INFORMATION; AND (D) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES, LOST PROFITS, LOST DATA ON YOUR EQUIPMENT, OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY SERVICE, PRODUCT, INFORMATION OR FUNCTIONALITY), EVEN IF HOLBERT OR THE HOLBERT AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR MISREPRESENTATION. THE AGGREGATE LIABILITY OF HOLBERT AND THE HOLBERT AFFILIATES RISING FROM OR RELATING TO THESE TERMS OF USE (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO (A) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HOLBERT FOR THE TRANSACTION AT ISSUE OR (2) SUBSTITUTION OR REPLACEMENT OF THE ITEM GIVING RISE TO THE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.

These Terms of Use are not intended to negate any warranties provided to you by the distributor or manufacturer of lenses that you purchase through the Site.

12. DISCLAIMER OF WARRANTY

USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. HOLBERT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE AND ITS SERVICES. EXCEPT AS SET FORTH BELOW, THE SITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOLBERT DOES NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE ARE ACCURATE, RELIABLE, UNINTERRUPTED, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE IS FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.

Neither Holbert nor any other service provider or supplier provides any express warranty for any product sold through the Site. It is possible that the manufacturer of the product that you order may provide an express warranty. Any express warranty will only apply if a written warranty labeled “Limited Warranty” or “Full Warranty” is delivered with the product. Not all products come with a manufacturer’s warranty.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Holbert and Holbert Affiliates from all liabilities, claims and expenses, including without limitation attorneys’ fees, that arise from your use of the Site or any services, information or products of the Site or any violation of these Terms of Use.

14. THIRD-PARTY BENEFICIARIES

Except as expressly stated otherwise, there are no third party beneficiaries of these Terms of Use.

15. TERMINATION

Holbert may suspend or terminate your use of and access to the Site immediately at any time without notice, with or without cause. You shall remain liable for any obligation, including any amount due, that you incurred before suspension or termination. Any actions in violation of these Terms of Use may subject you to civil and criminal legal penalties and Holbert reserves the right to seek any remedy available at law or in equity for any violation of these Terms of Use.

You may terminate your use of the Site and your username and password at any time by contacting the Holbert Customer Service Team at 408.245.5725 or info@holbert.com. You shall remain liable for any obligation, including any amount due you incurred prior to termination.

16. CHOICE OF LAW AND FORUM

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law rules. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in the County of Santa Clara, California, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings will be conducted in English.

17. NOTICE AND COMMUNICATIONS

You agree that Holbert or its suppliers and service providers may communicate with you by email about current or past orders, information provided by your ECP and all related matters, including without limitation delivering notices or disclosures to you. Holbert or its suppliers and service providers reserve the right to communicate with you by other means, including without limitation postal mail, from time to time.

18. SEVERABILITY

If any provision of these Terms of Use is held to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.

19. NO WAIVER

Neither the failure nor delay of Holbert to exercise any right, remedy, power, or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege, nor will any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by Holbert.

20. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE

IT IS HOLBERT’S VIEW THAT THE SITE DOES NOT CONTAIN MATERIALS THAT WOULD TYPICALLY BE THE SUBJECT OF FILTERING SOFTWARE. NEVERTHELESS, ALL USERS ARE HEREBY INFORMED BY Holbert, THE PROVIDER OF THIS INTERACTIVE COMPUTER SERVICE, THAT PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SERVICES) ARE COMMERCIALLY AVAILABLE THAT MAY ASSIST IN LIMITING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS. A REPORT DETAILING SOME OF THOSE PROTECTIONS CAN BE FOUND UNDER THE CHILDREN’S INTERNET PROTECTION ACT: REPORT ON THE EFFECTIVENESS OF INTERNET PROTECTION MEASURES AND SAFETY POLICIES (HTTP://WWW.NTIA.DOC.GOV/NTIAHOME/NTIAGENERAL/CIPA2003/INDEX.HTML).

21. NOTICE OF NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

HOLBERT WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES PROVIDED IN CONNECTION WITH THE USE OF THE SITE TO ANY OTHER PARTY FOR THE PURPOSE OF INITIATING OR ENABLING OTHERS TO INITIATE EMAIL MESSAGES EXCEPT AS STATED IN THE PRIVACY AND SECURITY POLICY OR BY YOUR CONSENT. EXCEPT FOR PERSONS REFERENCED IN THAT POLICY (IF ANY) AS AUTHORIZED RECIPIENTS OF THOSE ADDRESSES, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

22. WEBSITE CONTENT

The content of this Web site is for general informational awareness purposes only. Please consult your ECP for actual advice. Holbert shall not be deemed to be engaged in the corporate practice of optometry or medicine as a result of providing this Web site, and expressly disclaims responsibility for any consequences related to any use, misuse, and/or interpretation of the Web site or any of the information contained herein/therein.