FSA Store Inc. is pleased to welcome you to its portal site OPERATED BY WEBEYECARE, INC. ("FSA Store Optical"), which is exclusively dedicated to the sale of FSA and FSA eligible eye care products
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site
is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
TERMS AND CONDITIONS FOR CONTACT LENS PURCHASES
- We rely on you to input your latest corrective lens information online, or verbally over the phone, after which we will validate it with your doctor.
- All customers who order replacement contact lenses must have a valid prescription under the applicable provincial, state and/or federal laws.
- Your order must be for the same contact lenses that you are already successfully wearing. We accept no responsibility for our customers' lack of suitability to wear contact lenses.
- By completing the online order form you agree and accept that you have not been advised by a doctor not to wear contact lenses, or to stop wearing the prescribed contact lenses.
- We reserve the right not to supply contact lenses if we feel that the selected lenses are not in accordance with the specifications provided by your optician or optometrist, or may put you at some risk.
- By completing the online order form you agree to accept shipment for the selected product, and agree to pay by the method indicated on your order form. Please note your credit card will be charged at checkout, if for some reason we are unable to fill your order, a full refund will be issued to the card or payment method used during checkout.
- By completing the online order form you agree and accept that you are the person responsible for the credit card (when a credit card is applicable) and accept responsibility for all charges made on our site with your card.
- We reserve the right, at our discretion, to charge your credit card if we have shipped you an order, and the invoice is not paid within a reasonable amount of time.
- We reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy.
- We reserve the right to charge fees or extra shipping charges for any product that is backordered.
- The posting of prices on this site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between FSA Store Optical and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
GENERAL TERMS AND CONDITIONS
Modification of Site Terms
FSA Store Optical reserves the right to modify these terms and conditions in our sole discretion from time to time, and only FSA Store Optical has the right to do so. We encourage you to review this site and these terms and conditions periodically for any updates and changes. If these terms and conditions are changed, we will post the new terms on the site and note the date that they were last updated. Any changes or modification will be effective upon posting of the site terms and conditions as revised, and your use of the site following the posting will constitute your acceptance of the new site terms. 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.
United States Usage
This site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this site. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. By using this site you agree to be bound by the terms set forth herein. We may make changes to the site, these terms and conditions, or the policies and conditions that govern the use of the site at any time.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of FSA Store Optical.
The trademarks, service marks. logos and trade names, including without limitation, FSA Store Optical, used in this site are trademarks or registered trademarks of FSA Store Inc. and are used under license by Web Eye Care, Inc. All trademarks, service marks and trade names of Johnson & Johnson, CooperVision, Bausch & Lomb, Ciba Vision and Hydrogel Vision, as well as of other manufacturers and suppliers of goods and services offered on this site are the property of their respective owners, with whom FSA Store Inc. and Web Eye Care, Inc. have no affiliation, and who have not approved this site or its use of their respective trademarks, service marks and trade names on this site.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FSA Store Optical disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FSA Store Optical does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
FSA STORE OPTICAL SHALL NOT BE LIABILE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, EVEN IF FSA STORE OPTICAL, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FSA STORE OPTICAL, INC'S AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE PURCHASE PRICE YOU ACTUALLY PAID FSA STORE OPTICAL FOR THE PRODUCTS PURCHASED OR APPLICABLE TRANSACTIONS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN
Changes, Misprints, Errors and Cancellations
In the event that a FSA Store Optical product is mistakenly listed at an incorrect price, FSA Store Optical reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. FSA Store Optical reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, FSA Store Optical shall issue a credit to your credit card account in the amount of the incorrect price. Subject to applicable law, and notwithstanding any information, slogans, or materials displayed on the site, we (a) reserve the right to change the goods and services advertised or offered for sale through this site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials (defined below) at any time and from time to time without any notice or liability to your or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this site will be made available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) do not warrant that any specific product offered through the site, as of the time of purchase or delivery, is in fact an eligible product for purchase under your FSA plan or under any regulations or laws covering flexible spending accounts.
If FSA Store Optical anticipates being legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. If an error in our state sales tax database causes a sales tax over-charge, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors. In the event that we have not charged you, or have under-charged you, sales tax legally applicable to the transaction, you remain exclusively responsible for payment of the tax to the applicable authority, and will reimburse, indemnify, and hold us harmless for all such amounts owed to the authority as a result of the transaction.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by FSA Store Optical without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
FSA Store Optical 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, service provider, or FSA Store
FSA Store Optical may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to FSA Store Optical.
Your use of this site shall be governed in all respects by the laws of the state of New York, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of FSA Store Optical, Inc products) shall be in the state or federal courts located in the City of New York, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of FSA Store Optical products) must be commenced within one (1) year after the claim or cause of action arises. FSA Store Optical's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FSA Store Optical may assign its rights and duties under this Agreement to any party at any time without notice to you.
FSA Store Optical and the website contacts.fsastore.com is powered and operated by Web Eye Care, Inc.
Use of Site
FSA Store Optical grants you a limited, conditional license to make personal use only of the site. Such grant does not include, without limitation: (a) any resale or commercial use of this site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any FSA Store Optical or FSA Store Inc. trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the site or any other user of the site. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under a patent, trademark, copyright, or proprietary right of FSA Store Optical or any third party. You may not use any meta tags or any other "hidden text" utilizing the FSA Store Optical service mark, trade name, trademark, or product name without our express written consent. "Site Materials" means all materials on the site, including, without limitation, trademarks (as specifically defined in these terms and conditions) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
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. You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. 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.
By using the site, you agree not to do any of the following:
1. Upload to, distribute or otherwise publish through this site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Upload to, distribute or otherwise publish through this site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
FSA Store Optical does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, FSA Store Optical is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, FSA Store Optical reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to FSA Store Optical in its sole discretion.
You agree to indemnify, defend, and hold harmless FSA Store Optical its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, FSA Store Optical may link to sites operated by third parties. However, even if the third party is affiliated with FSA Store Optical, FSA Store Optical has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FSA Store Optical. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, FSA Store Optical seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
FSA Store Optical offers three types of shipping methods: Free 5-10 Business Day Ground, 3-7 Business Day Ground for $7.95, 2nd Business Day Air and Next Business Day Air. Orders to P.O. Boxes will ship via USPS via ground shipping. With the exception of custom or made-to-order lenses, any order placed and corrective information verified before 1:00 PM Eastern Time will usually ship the same day. Glasses orders with expedited shipping selected will ship out via the method selected once the frames are obtained from the manufacturer or the lenses have been completed. It will take 1 – 2 business days for tracking information to generate online. FSA Store Optical occasionally offers various shipping promotions, including free shipping, on certain products, items with a free shipping promotion are clearly marked. Any orders shipped under a free shipping promotion will ship via 5-10 Business Day Ground.
For glasses, because FSA Store Optical may use third party suppliers for some product fulfillment, FSA Store Optical cannot guarantee that all orders will ship within the aforementioned time periods. Shipping times on glasses will therefore vary and orders may take up to 30 days to arrive. All frames shown as sunglasses will arrive as sunglasses. Glasses orders are only shipped with the corrective lenses ordered. The original manufacturer lenses are not shipped with the purchase.
COVID-19 Shipping Delays
USPS: The Postal Service has so far experienced only minor operational impacts in the United States as a result of the COVID-19 pandemic.
As of 4/17/2020, USPS products and packages may require more time to be delivered due to limited transportation availability as a result of the ongoing COVID-19 impacts.
UPS: UPS continues to deliver to locations around the world, however they have suspended their Service Guarantee in light of overall Coronavirus uncertainties.Pupillary Distance (PD) for Eye Glasses
In order to experience the best results, we need your PD measurement, which measures the distance between the center of your pupils. You may either ask your optician to provide your PD during your eye exam, or you may measure it on your own with a tape measure (using millimeters). FSA Store Optical makes no warranties as to the effectiveness of self-measuring your PD. If you do not provide FSA Store Optical with your PD measurement, we will use an average PD measurement for your glasses. Please ask your optician for more information.
FSA Store Optical follows the Fairness to Contact Lens Consumers Act (FCLA) when verifying prescriptions. According to the law, FSA Store Optical is required to verify the contact lens prescription for each order before we can process and ship the order. If a customer faxes or emails us a copy of their prescription with all the required information, we will use that prescription to verify the order. If a customer does not provide us with a copy of their prescription we will contact their doctor to verify the prescription. FCLA states that doctors have eight business hours to respond to our verification request. If we do not hear back from the doctor within the eight business hour timeframe, FCLA states that this is to be treated as a passive verification and the order will be deemed to be verified as correct by the doctor and we will proceed to process and ship the order.
PLEASE NOTE: All sales of made-to-order lenses (designated as "Made-To-Order", "Made To Order", "MTO", "XR" and/or "Custom" on our website) or Halloween/Special Effects Contact Lenses are final. No refunds or exchanges for made-to-order or Halloween lenses will be accepted, other than for defective lenses as determined by manufacturer.
Within 30 days of delivery of a shipment, you may return any unopened, undamaged and unwritten on boxes or vials that are in original condition purchased from FSA Optical Store for a store credit or refund. Items returned after 30 days from purchase are only eligible for a store credit.
We are currently unable to accept returns of opened items, items not in original condition or items returned more than 30 days after date of purchase. Any lenses returned after 30 days from purchase must have an expiration date that is at least 18 months out. Once we receive your unopened boxes or vials, we will promptly process your refund or issue a store credit (less shipping charges & restocking fee*).
Please note returning products shipped under a free shipping promotion will result in charge back of the free shipping. If the shipping carrier is not able to deliver the package due to no one being present and the order is sent back to FSA Optical Store by the shipping carrier, an additional shipping charge will be assessed to the order.
|30-Day Return Policy|
We guarantee that all of our lenses are factory sealed. If you have a problem with any lens purchased from us, please remove the lens immediately. We warranty all lenses for 90 days after purchase. If you suspect that your lenses are defective, please contact us immediately to arrange to return the lenses to us to see if they are defective. In order to determine if lenses are defective we require at least 5 lenses returned from a 6 pack, 25 lenses to be returned from a 30 pack, or 85 lenses to be returned from a 90 pack. If your lenses are determined to be defective by the manufacturer, we will issue a store credit in full.Exchanges:
If your corrective lens measurements change, we will exchange unexpired (expiration date at least 18 months out), unopened and undamaged boxes of contacts within 30 days of your purchase date. If your exchange will be for a higher dollar amount from your original purchase, you will be billed for the difference at the point of processing the exchange. For the avoidance of doubt, the prior statement only applies to contact lenses.
Any glasses lenses made from an Rx more than 2 years old will be subject to the full charge of the remake lens options.
|30-Day Exchange Policy|
When Returning or Exchanging Items:
If you need to return or exchange your lenses or glasses purchased from our store, please follow these steps:
1. Call (888) 859-9433 or email email@example.com to advise which items you want to return or exchange. A Return/Exchange Form and your Return Authorization Number (required) will then be emailed to you.
2. Secure your merchandise in the original packaging or in a sturdy box to avoid damage. Glasses should be placed in their original case with the cleaning cloth. Vial lens must be returned in the original vial and the vial must be sealed to prevent the solution from leaking during shipment. Please DO NOT return contact lens boxes or glasses in an envelope or any other flat pack. Products received with improper packaging will not receive credit and will be returned, and shipping charges incurred. Customers are responsible for the return postage unless it was a FSA Optical Store error.
3. Please enclose your completed Return/Exchange form making sure you have noted your Return Authorization Number and clearly state if you wish to Return OR Exchange your item.
4. Return the item by regular post to:
Bristol, PA 19007
That's it! Please allow 2-3 weeks for your store credit, refund or exchange to be processed. PLEASE NOTE: Credit, refund or exchange will be issued after your package is received. FSA Store Optical is not responsible for lost or damaged packages.