Terms and Conditions | Moss Lipow Eyewear

Terms of Sale

OVERVIEW

In the United States, the mosslipow.com website (“Site”) is operated by Moss Lipow Optical LLC. (“Moss Lipow,” “we,” “our,” or “us”) and all Moss Lipow sales of product through this Site are governed by these Terms of Sale as well as the Terms of Use and all other policies available through this Site, as may be amended by us from time to time. By purchasing product through this Site, you are agreeing to our Terms of Sale, Terms of Use, and all other policies available through this Site (e.g., Limited Warranty), as may be amended by us from time to time.

SECTION 1 – AREA OF SERVICE

If you are unable to order from our Site, then your region is not yet within our area of service. Please contact the Moss Lipow brand retailer nearest you.

SECTION 2 – ORDER ACCEPTANCE, PAYMENT, AND TAXES

The product and price provided through the Site does not constitute a binding offer by Moss Lipow Optical, but rather an invitation to make an offer. Orders are not accepted, and no contract between you and Moss Lipow Optical for the purchase of products is formed, until you receive an order confirmation sent by Moss Lipow Optical to the email address provided by you to us at checkout. By submitting your order through the Site, you are agreeing to pay the full purchase price for the product selected by you, plus any and all applicable shipping and handling costs, taxes, duties, etc. Your credit or debit card will be charged in the appropriate amount at or subsequent to the time your order is submitted. Notwithstanding anything contained herein to the contrary, we expressly reserve the right, in our sole and exclusive discretion, to reject or cancel any order for any reason at any time.

SECTION 3 – DELIVERY

We will deliver product you purchase through the Site to a reputable common carrier, at which time title and all risk of damage/loss to the product shifts from Moss Lipow Optical (seller) to you (buyer).

SECTION 4 – CANCELLATIONS AND RETURNS

All cancellations and returns are governed by our Return Policy or as otherwise required by law. All risk of loss and damage to any returned product shall be borne by you until we receive it at our returns processing center.

SECTION 5 – LIMITED WARRANTY

You must bring all U.S. warranty claims within one (1) year of the date of purchase. Please see our Limited Warranty for further details.

SECTION 6 – GOVERNING LAW

These Terms of Sale and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the state of New York, without regard to any choice of law or conflict of law provisions or principles that would require or permit the application of the laws of any jurisdiction other than those of the state of New York.

SECTION 7 – WAIVER OF JURY TRIAL

Moss Lipow Optical and YOU acknowledge that any CLAIM, CONTROVERSY, DISPUTE, OR LEGAL ACTION OF ANY KIND OR NATURE (COLLECTIVELY “DISPUTE”) that may arise under these terms of Sale OR RELATING THERETO, including, BUT NOT LIMITED TO, those additional terms and conditions and policies referenced herein and/or available by hyperlink through this Site (E.G., TERMS OF SERVICE) OR OTHERWISE AND IN ANY MANNER RELATING TO THE SITE OR SERVICE, is likely to involve complicated and difficult issues and, therefore, YOU AND Moss Lipow Optical irrevocably and unconditionally waive any right THAT EITHER YOU OR WE may have to a trial by jury WITH respect TO any SUCH DISPUTE.

SECTION 8 – BINDING ARBITRATION

Except as otherwise prohibited by law, any DISPUTE between you and us shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue of the arbitration shall be New York City. Language of the arbitration shall be English and result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator at the request of either party. The arbitration award shall be final and binding upon you and us and shall be the sole and exclusive remedy between you and us relating to the Dispute, including any claims, counterclaims, issues or accounting presented to the arbitrator. In the event that you or we institute arbitration against one another, then the prevailing party in the arbitration shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the arbitration, including reasonable attorneys' fees and expenses and court/arbitration costs. This entire provision is material to the Terms of SALE.

Any dispute arising out of or relating to the interpretation of or application of these arbitration provisions, including the scope, enforceability, revocability or validity hereof, shall also be subject to arbitration. YOUR OR OUR FAILURE to submit to arbitration as required herein will constitute a material breach of THE TERMS OF SALE. If judicial action is commenced in order to compel arbitration, and if arbitration is in fact compelled, the party that resisted arbitration will be required to pay to the other party all costs and expenses, including, without limitation, reasonable attorneys' fees and costs, that they incur in compelling arbitration.
Until the arbitrators’ award is issued, each respective side shall bear ITS own counsel and advisor fees, and the out-of-pocket costs of the arbitrator and the arbitration shall be shared equally by the parties to such arbitration; provided, however, that the arbitrator’s award shall reallocate those fees and costs in favor of the prevailing party. THIS Section 8 shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.

SECTION 9 – CLASS ACTION WAIVER

Unless otherwise prohibited by law, you and Moss Lipow Optical expressly agree that: (i) each and the other may only bring disputes in their individual capacity, not with others or on behalf of any class of people, and (ii) neither YOU NOR WE shall participate in a class-wide arbitration, class action, representative claims, consolidated claims, or combine any claim that can be arbitrated with one that is for whatever reason not eligible for arbitration.

SECTION 10 – CHANGES TO THESE TERMS OF SALE

You can review the most current version of the Terms of Sale at any time at this page. We reserve the right, at our sole discretion and at any time, to update, change, or replace all or any part of these Terms of Sale by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Notwithstanding anything contained herein to the contrary, your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.

SECTION 11 – SEVERABILITY

In the event that any provision of these Terms of Sale is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Sale, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – ENTIRE AGREEMENT

Our Terms of Sale, Terms of Service, and other policies available through this Site (whether provided through our checkout page, email order confirmation, or otherwise), constitute our entire agreement with you regarding the subject matter thereof, and supersede any and all previous communications, representations, understandings, and/or agreements between you and Moss Lipow.

CONTACT INFORMATION 

This Site is operated by Moss Lipow Optical LLC, email: info@mosslipow.com

Limited Warranty

SCOPE OF COVERAGE

This limited warranty is provided by Moss Lipow Optical LLC (“Moss Lipow Optical,” “us,” or “we”) and covers any defects in material or workmanship in the new Moss Lipow Optical product accompanied by this limited warranty statement. Only consumers purchasing this product from the Moss Lipow Optical website may obtain coverage under this limited warranty. This limited warranty extends only to the original consumer purchaser and is not assignable or transferable to any subsequent purchaser or user.

 LENGTH OF COVERAGE

 The limited warranty period governing products sold in the United States is one (1) year from your documented date of purchase, or as otherwise may be required by applicable law. In no case shall the limited warranty extend beyond one (1) year from your documented date of purchase, regardless of region.

 EXCLUSIONS

 This limited warranty does not cover any problem that is caused by (i) commercial use, (ii) normal wear and tear, or (iii) misuse, accident (including—without limitation—drops, impacts, collision, fire, and the spillage of food or liquid), neglect, abuse, alteration, unusual stresses, temperature, modification, improper or unauthorized repair, improper care, improper handling, or improper storage. This limited warranty is void if a product is returned with removed, damaged, or tampered labels or any alterations. Also, consequential, indirect, and incidental damages are not recoverable under this limited warranty and are expressly excluded to the fullest extent permitted by applicable law.

 CLAIMS

 In order to obtain Moss Lipow Optical warranty service, your claim must be in compliance with all terms of this limited warranty statement and you must follow proper return procedures. To request warranty service, contact Moss Lipow Optical by email at info@mosslipow.com. If Moss Lipow Optical determines that the product may in fact be covered by this limited warranty, then—in Moss Lipow Optical’s sole discretion—you will be issued a Return Merchandise Authorization Number ("RMA#") which you must send along with your product and your unaltered proof of purchase to the address specified by Moss Lipow Optical in connection with the RMA# issued.
To request warranty service, contact Moss Lipow Optical by email at info@mosslipow.com. If you return the product with your unaltered proof of purchase to the address specified by Moss Lipow Optical and Moss Lipow Optical determines that it is covered by this limited warranty, then the product will be repaired or replaced in Moss Lipow Optical’s sole discretion. Unless otherwise specified by Moss Lipow Optical in writing, you shall bear the cost of shipping the product to Moss Lipow Optical, and Moss Lipow Optical shall bear the cost of shipping the product back to you after the completion of service if your claim is covered by this limited warranty. Any product returned to Moss Lipow Optical without a valid limited warranty claim, or unaltered proof of purchase may be rejected, returned to you at your cost or kept for your pick-up for thirty (30) days and then disposed of in Moss Lipow Optical’s sole discretion. By sending a product for replacement, you agree to transfer ownership of the original product to Moss Lipow Optical.

CLAIMS PROCESS

If Moss Lipow Optical authorizes you to return your product to Moss Lipow Optical or an authorized service provider, then Moss Lipow Optical will, at its option, either repair or replace the defective product. Any replacement may be, at Moss Lipow Optical’s option, a new or remanufactured product. If Moss Lipow Optical, in its sole discretion, determines it is not reasonable or otherwise possible to replace the defective product, then Moss Lipow Optical may refund you the purchase price paid for the product in the form of store credit. Moss Lipow Optical warrants that repaired or replaced products are covered for the remainder of the original product warranty or ninety (90) days, whichever is greater.

APPLICATION OF LAW

This limited warranty is governed by the laws of New York State, without regard to choice of law or conflict of law principles and expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG), with legal jurisdiction in Lugano, Switzerland.

The foregoing warranties and remedies are exclusive and in lieu of all other warranties, terms or conditions, express, implied or statutory, as to any matter whatsoever, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, satisfactory quality, title, and non-infringement, all of which are expressly disclaimed by Moss Lipow Optical to the fullest extent possible by law. Moss Lipow Optical shall not be liable for incidental, consequential, indirect, special or punitive damages or liabilities of any kind arising out of or in connection with the sale or use of the product, whether based in contract, tort (including negligence), strict product liability or any other theory, even if Moss Lipow Optical has been advised of the possibility of such damages and even if any limited remedy specified herein is deemed to have failed of its essential purpose. Moss Lipow Optical’s entire liability shall be limited to replacement, repair or return of the purchase price paid, at Moss Lipow Optical’s sole option.

BINDING ARBITRATION

Except as otherwise prohibited by law, any DISPUTE between you and us shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue of the arbitration shall be New York City. Language of the arbitration shall be English and result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator at the request of either party. The arbitration award shall be final and binding upon you and us and shall be the sole and exclusive remedy between you and us relating to the Dispute, including any claims, counterclaims, issues or accounting presented to the arbitrator. In the event that you or we institute arbitration against one another, then the prevailing party in the arbitration shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the arbitration, including reasonable attorneys' fees and expenses and court/arbitration costs. This entire provision is material to the Terms of SALE.

Until the arbitrators’ award is issued, each respective side shall bear ITS own counsel and advisor fees, and the out-of-pocket costs of the arbitrator and the arbitration shall be shared equally by the parties to such arbitration; provided, however, that the arbitrator’s award shall reallocate those fees and costs in favor of the prevailing party. THIS Section 8 shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.

CONTACTS

If you have any questions concerning Moss Lipow Optical’s limited warranty or need to request an RMA#, then please contact Moss Lipow Optical by email at info@mosslipow