Terms and Conditions of Use

Thank you for visiting www.gabaoptical.com, a company of Gaba Optical. website (the “Site”). Gaba Optical is a leading online retail store and information site for contact lenses, glasses, and related products. The Site is designed by us, Gaba Optical, (“we” and “us”) a company with limited liability situated in and vested under the laws of the Pakistan, to provide a convenient, private and informative shopping experience for consumers to purchase contact lenses and related products 24 hours a day, 7 days a week. We offer a large selection of contact lenses, glasses, and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want each visitor to the Site (“you”) (i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we (we and you) know what to expect from each other.

These general terms and conditions are applicable to any use of the Site and to any agreements concluded between you and us through the Site. 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 the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.

Your account obligations

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. 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 Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our privacy policy to understand our privacy related practices.

Your Conduct

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Valid prescription required

You hereby certify that you have a valid prescription for the contact lenses or eyeglasses that you are ordering. You represent and warrant to Gaba Optical by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care providers suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, or providing a copy of your original prescription to us, if necessary, to verify your prescription information and any other necessary information.

Color and product description

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

Delivery

Deliveries will be as soon as possible to the address on your order and are “best effort” based. Subject to delays outside our control, the overall delivery period will not exceed 30 days.

Cooling-off period

You may return any products ordered by you and cancel the agreement without stating any reason for doing so, such within seven (7) working days following the confirmation of your order (“the Return Period”). If you return the products you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in the resalable packaging provided with them. Between the date of your election to withdraw and the date the product is returned by you to us you shall bear all risk in keeping the products safe, secure, and free from loss or damage.

Eyeglasses Policy

Shipping and Payment

Glasses

Production times for prescription lenses vary in business days depending on the intricacy of the prescription and the type of lens required. Once your lenses have been crafted and mounted into the frame, they will be shipped to you using your chosen shipping method.

Contact lenses

Your wait time depends on your lens type. Some products are in stock, and others — including toric/astigmatism, RGP, and multifocal lenses — are custom orders through the manufacturer. Production times are listed on product pages under the heading “Availability.” Once your contact lenses are in stock, they should be shipped within 1–2 business days and will arrive within the time estimate provided by your chosen shipping method. When your order ships, you will be sent an email confirmation that includes a tracking number and instructions for how to track your order online.

Please keep in mind that quality assurance technicians inspect and verify each and every eyeglass order. If your eyeglasses happen to fail quality assurance, your expected delivery time will be delayed. You will be kept up-to-date of any delays via email.

For FAQ’s on shipments please visit our FAQ’s

If using a coupon code, please note that only one coupon code can be used per order. We accept the following forms of payment: Visa, Mastercard, Easy Paisa and Cash On Delivery. NOTE: The title and risk and rewards of ownership of the product transfers from Gaba Optical to the customer at the point of shipment.

Prescription

When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a paper copy of your prescription. Keep in mind that spectacle and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your glasses and not for your contact lenses.

Trademarks

Gaba Optical, The Contact Lens Store and other graphics, logos, and service names used on the Site by Gaba Optical are the trademarks of Gaba Optical. Gaba Optical trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Gaba Optical. All other brands and names (including third-party product names) are the property of their respective owners.

Our Rights

We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, 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. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. 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 Site with or without notice. You agree that any termination of your access to the Site 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 Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Applicable Law

We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of laws and regulations applicable in Pakistan regarding the export of content from website. Any claim relating to the Site, the services provided through the Site or the Content (a “Claim”) shall be governed by the applicable laws in Pakistan, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pakistan 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.

Site Content

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and 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. Except as provided in the preceding sentence or as permitted by the fair use privilege you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the Choice and Opt-out section.

Links to third party sites

Occasionally, we may make available a link to a third party’s web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Intellectual property policy

Because copying can harm rightful owners of IP rights we drafted the following IP Policy:

You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words Gaba Optical. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.

Privacy Policy

Read our full privacy policy

COPYRIGHT NOTICE. Copyright © Gaba Optical. All rights reserved. Any rights not expressly granted herein are hereby reserved.

Changes to this terms & Conditions

We regularly review our compliance with our Terms & Conditions, in particular to make it compliant with new laws and regulations.

Effective Date: September 01, 2019, Version 1.0

 

 

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