TERMS & CONDITIONS
Terms and Conditions of Sale shall govern the purchase of goods by you from IOVES USA LLC.
Terms of Payment
All invoices are due and payable in US dollars on shipping date or net 30. Denial of payment by customer’s bank will incur in a $30.00 returned check fee for each check returned to IOVES USA LLC. A service charge of 1.5% per month, annual percentage rate of 18%, will be assessed on all past due balances. Shipment of goods are made only to accounts in good standing. Remember: All returned are accepted for exchange only. Acceptance of shipment is confirmation of your assent to all terms contained in IOVES USA’s terms of sale agreement.
IOVES USA will grant the privilege of wholesale pricing to customers that have logged or registered onto our website and are qualified as wholesalers, as determined in our sole and absolute discretion. By registering on IOVES' website, customer represents that it is a wholesaler of goods and merchandise and that all purchased merchandise of IOVES USA shall be resold or distributed to retail consumers and shall not be used for customer's private use. IOVES USA reserves the right to reject any order at any time in its sole and absolute discretion. IOVES USA further reserves the right to limit or terminate accounts in its sole and absolute discretion, but in no event shall such termination of an account serve as a waiver to pay all outstanding payment obligations to IOVES USA.
Unless otherwise expressly agreed to in writing with IOVES USA, all orders including but not limited to back orders will be invoiced at the prices prevailing at the time of shipment. IOVES USA reserves the right in its sole and absolute discretion to change its prices at any time without prior notice.
IOVES USA makes no representation as to customer's obligation to pay sales tax. IOVES USA does not currently charge sales tax for items being delivered to any U.S. state. However, IOVES USA reserves the right to collect sales tax on behalf of the governing state or authority in which the payment of sales tax may be required or warranted.
All orders will be confirmed by IOVES USA in writing, by email. Merchandise that is displayed on this website may be out-of-stock or discontinued. IOVES USA reserves the right in its sole and absolute discretion to remove from its website any merchandise that no longer is available for sale or is discontinued. IOVES USA further reserves the right in its sole and absolute discretion to refuse any order placed if, subsequent to the placement of the order, the merchandise is no longer available or discontinued. IOVES USA shall further be empowered to refuse any order if customer has previously sought an excessive number of return attempts, as determined solely by IOVES USA.
IOVES USA reservers the right to close any account without prior notice.
Delivery and Risk of Loss
Unless previously agreed to in writing between you and IOVES USA as to a specific method of delivery, all shipments made by such method as IOVES USA elects in its sole and absolute discretion. IOVES USA will not accept any order to ship goods outside the United States unless agreed to between the parties in writing. Delivery shall be deemed complete, and title to the merchandise as well as risk of loss shall pass to you when IOVES USA delivers the merchandise to a common carrier for delivery to you. IOVES USA accepts no risk if common carrier fails to delivery merchandise within a specified time period due to weather, strike, acts of God, uncontrollable delays, or other force major occurrence. You shall be responsible for all shipping costs associated with the delivery of merchandise you purchase on our website, including any costs of insurance of the shipments, which IOVES USA shall not do automatically unless you specifically instruct us to do so in writing. IOVES USA shall have the exclusive right to select or change its common carrier, or method of delivery, at any time without prior notice, provided that such change shall not modify an existing shipping method previously agreed to between the parties
IOVES USA LLC recognizes that our customers may want to exchange merchandise to meet patients demands. IOVES USA provides its customers the privilege to exchange current product within 90 days from the date of purchase on a 3 by 1 basis (you must purchase 3 frames in order to return 1 frame). However, this will only occur if IOVES USA receives that merchandise in resalable conditions and the frame is returned with the original pair of temples. IOVES USA LLC merchandise credit will be automatically applied to any future RX or stock purchases. NON merchandise credit may be used as a payment for balances due. No merchandise credit will be authorized if an account is not in good standing (60 days past due). It is the responsibility of the customer to ship any merchandise insured to IOVES USA. You must also send a copy of the original invoice, or signed sales representative’s authorization form. Any return not meeting these conditions will be shipped back to the customer at the customer’s expense.
If for any reason you are not satisfied with your order, you may return your merchandise for a full refund of the purchase price, exclusive of any shipping and handling costs or where applicable any foreign duties, taxes or tariffs paid by the customer, received by IOVES USA within seven (7) days from the date of shipment to customer. If your merchandise is received by IOVES USA within seven (7) days from the original date of shipment to customer, your refund will be processed in the original form of payment. Returns received by IOVES USA after said seven (7) days, but no later than fifteen (15) days from the original date of shipment to customer, will be credited to the purchaser in the form of a merchandise credit for the value of merchandise originally purchased. All returns for refund or merchandise credit, as the case may be, shall be subject to a $20 handling fee. Any items received by IOVES USA after thirty (30) days following the original date of shipment to customer shall not be accepted for refund or merchandise credit. IOVES USA does not refund any shipping or handling costs. Upon IOVES USA's timely receipt of merchandise, every effort will be made to ensure the prompt issuance of a refund or merchandise credit, as applicable. All returns must be directed to IOVES USA LLC, c/o Customer Service, address: 3537 36th Street, 2nd Floor, Astoria NY 11106. Please note that items received for return that are not in their original condition will be rejected and sent back to the customer. TO QUALIFY FOR A RETURN, ALL MERCHANDISE MUST BE NEW, UNUSED, UNDAMAGED, UNSOILED, UNALTERED, AND WITH ALL MANUFACTURING TAGS AND LABELS ATTACHED.
All of our merchandise, except discontinued, special purchase or final sale items, is guaranteed against defective material and/or workmanship for one (1) year from the date of purchase. ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED. Returns subject to warranty claim herein shall not include any claim related to damage or misuse caused by you.
In the unlikely event that there is a dispute in relation to the goods purchased, any dispute or claim shall be governed exclusively by the laws of the State of New York. If any provision of these Terms and Conditions of Sale is held by any Court or other authority to be invalid or unenforceable in whole or in part, then the validity of the rest of these Terms and Conditions of Sale and the remainder of the provision in question shall not be affected thereby. By purchasing goods from IOVES USA, you agree that the offer and sale of those goods takes place in, and will be governed exclusively by the laws of, the State of New York. You also agree that any legal or equitable claim against. IOVES USA arising from or related to your purchase must be brought in the city, state or federal courts located in New York County, New York, and you consent to the exclusive jurisdiction and venue in such courts.
Promotions and Price Matching
We cannot advise you in advance of whether the price of the item you purchased will be reduced in the future, nor shall we reimburse you the difference after you have placed an order. Please note that we shall not match the price of any competitor or the price of our merchandise found on any other website or store.
Retailer shall not sell or otherwise divert IOVES USA Products by any means to any other entity or individual for resale, and specifically no IOVES USA Products shall be diverted to any swap meet, flea market, Internet site, or other retailer for resale or exhibition. Further, Retailer shall not sell any products to any individual or entity that Retailer might reasonably believe has the intention of reselling the goods. This includes sales to B2B accounts, wholesalers, and freight forwarders/drop shippers for other retailers. The end user of the Product(s) is the only permitted consumer for Products sales. Retailer agrees not to directly or indirectly advertise or solicit sales or sell IOVES USA Products via mail or the Internet, without IOVES USA’s prior written approval (and signed by an authorized representative of west). Retailer agrees that it will educate its employees regarding this provision and take reasonable steps to prevent diversion of IOVES USA Product. Retailer agrees to compensate IOVES USA for reasonable damages for any violation of this paragraph and to also reimburse IOVES USA LLC for the repurchase of IOVES USA LLC. Products by IOVES USA LLC from any other entity to which or through which Retailer has diverted Products.
Retailers may not sell IOVES USA products on any website without prior written consent by IOVES USA. IOVES USA's consent is provided only through execution by IOVES USA of the Dealer Agreement Internet Addendum. No West employee or agent may authorize online sales through oral statement, other written agreement, or any other means. Selling on third-party marketplace sites (e.g. eBay, Amazon, Walmart Marketplace, Sears Marketplace), drop-ship accounts (e.g. Rakuten.com, Newegg.com, Overstock.com, Jet.com), classified sites (e.g. Craigslist.com, Facebook Marketplace), or via direct messages on Internet forums is strictly prohibited [unless prior written permission is obtained from IOVES USA.]