Terms of service

Last updated: September 10, 2026

Overview

This website is operated by Designer Optics Corp, a New York corporation located at 791 Kent Avenue, Brooklyn, NY 11205 ("Designer Optics," "we," "us," and "our"). Designer Optics offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. Section 18 contains a binding arbitration agreement and class action waiver that affect your legal rights. You may opt out of arbitration within 30 days as described in Section 18.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Intellectual property. The entire content of this site, including text, graphics, images, logos, and code, is the property of Designer Optics Corp or its licensors and is protected by United States and international copyright and trademark laws. All trademarks, service marks, and trade names of Designer Optics used on the site are the property of Designer Optics Corp; brand names of the eyewear we sell are the trademarks of their respective owners. You may view, download, and print portions of the site solely for your own non-commercial use or to place an order with us. Any other use, including reproduction, distribution, display, or transmission of the content of this site, is prohibited without our written permission.

Section 3 - Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products, services, shipping and delivery

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Product images are provided for illustrative purposes only; variations may occur due to manufacturer modifications, digital rendering limitations, lighting conditions, or individual display settings, and we are not liable for discrepancies between the images depicted and the actual product received.

Shipping and delivery. If you do not choose a specific carrier, you agree to rely on the default carrier we select. Once the carrier provides its standard proof of delivery showing that the order was delivered to the address you provided, the order is deemed delivered. If you receive an item that is not as ordered, not as described, or damaged, you must notify us at support@designeroptics.com within 5 days of delivery, describing what you received and what is wrong and attaching photographs of the product and any damage. We are not responsible for exchanging or refunding an item reported as wrong or damaged unless we receive the item back, with proof of delivery to us. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Prescription eyewear and contact lenses

Prescription eyeglasses, prescription sunglasses, and contact lenses are made or supplied according to the prescription information you provide. You represent that any prescription you submit is a valid, current, and unexpired prescription issued to you (or to a person for whom you are legally authorized to order) by a licensed eye care professional, and that the information you enter or upload is accurate and complete. We are not responsible for products made to an inaccurate prescription you supplied.

Contact lenses are sold only against a valid prescription. In accordance with the Federal Trade Commission Contact Lens Rule, we will verify your contact lens prescription with your prescriber unless you provide a copy of it, and we may substitute an identical lens sold under a different name only as permitted by law. We may cancel or delay an order if a prescription cannot be verified or is reported as invalid or expired. Prescription products are custom made and may be subject to different return terms as described in our Return Policy. Our products are not a substitute for a professional eye examination.

Section 7 - Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.

Section 8 - Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 9 - Third-party links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 10 - User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 11 - Personal information

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated into these Terms. You can manage cookie and advertising preferences at any time through the "Your Privacy Choices" link in the footer of our website.

Section 12 - Email and text message communications

By providing your mobile phone number and opting in to text messages, you consent to receive recurring automated marketing and transactional text messages from Designer Optics at that number. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time and HELP for help, or contact support@designeroptics.com. You represent that you are the owner or authorized user of the phone number provided, and you agree to notify us if you change or give up that number. Carriers are not liable for delayed or undelivered messages.

Section 13 - Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 - Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including false prescription information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 - Disclaimer of warranties; limitation of liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Designer Optics Corp, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for personal injury caused by defective products.

To the extent permitted by applicable law, any claim or cause of action you may have arising out of or relating to the site or the purchase of our products must be commenced within one (1) year after the claim or cause of action arises, or it is permanently barred.

Section 16 - Indemnification

You agree to indemnify, defend, and hold harmless Designer Optics Corp and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 17 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions, except as provided in Section 18.7.

Section 18 - Dispute resolution; binding arbitration; class action waiver

Please read this section carefully. It requires you and Designer Optics to resolve most disputes through binding individual arbitration instead of a court trial, and it waives class actions. You may opt out as described in Section 18.8.

18.1 Informal resolution first

Before starting an arbitration or lawsuit, you and Designer Optics agree to try to resolve any dispute informally. You must send a written notice of dispute to Designer Optics Corp, Attention: Legal, 791 Kent Avenue, Brooklyn, NY 11205, or to support@designeroptics.com with the subject line "Notice of Dispute," describing the dispute and the relief requested and including your name, email address, and order number if any. We will send any notice of dispute to the email address on your account. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration or, where permitted by this Section, file in court. Any applicable statute of limitations is tolled during the 60-day period.

18.2 Agreement to arbitrate

Except as provided in Section 18.3, you and Designer Optics agree that any dispute, claim, or controversy arising out of or relating to these Terms, our Privacy Policy, the website, any purchase, product, or service, or any communications between us (including text messages and emails), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after the effective date of these Terms, will be resolved exclusively by final and binding arbitration on an individual basis. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitrator, and not any court, has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide the enforceability of the class action waiver in Section 18.6 and any dispute about the batch arbitration procedure in Section 18.5.

18.3 Exceptions

Either party may (a) bring an individual claim in small claims court in the county of your residence or in Kings County, New York, if the claim qualifies and remains in that court on an individual basis; (b) seek injunctive or other equitable relief in court to stop unauthorized use or abuse of the website or infringement of intellectual property rights; and (c) report a matter to any federal, state, or local agency. Nothing in this Section prevents you from seeking public injunctive relief where such a waiver is prohibited by law; any such claim will be decided in court after the arbitration of all other claims is completed.

18.4 Arbitration procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and the Consumer Due Process Protocol then in effect, as modified by this Section. The AAA rules are available at www.adr.org. If the AAA is unavailable, the parties will agree on a substitute administrator or a court will appoint one. There will be one arbitrator, who must be a retired judge or a lawyer with at least 10 years of experience. The arbitration will be conducted in English. Hearings, if any, will be held by videoconference unless the arbitrator decides an in-person hearing is necessary, in which case it will take place in the county where you live or another mutually agreed location. The arbitrator may award the same individual relief that a court could award, including statutory damages, and must follow applicable law and issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

Fees. Payment of filing, administrative, and arbitrator fees will be governed by the AAA rules. If you are an individual and your claim is for $10,000 or less, Designer Optics will pay all AAA filing, administrative, and arbitrator fees other than your initial filing fee, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose. Each party pays its own attorneys' fees unless applicable law or the AAA rules provide otherwise.

18.5 Batch arbitration for mass filings

If 25 or more similar arbitration demands are filed against Designer Optics by or with the assistance of the same law firm or organization within 90 days, the AAA will administer them in batches of up to 50 demands per batch, with one arbitrator, one set of administrative and arbitrator fees, and one procedural calendar per batch. The parties agree to cooperate in good faith to implement this batch process, and a court of competent jurisdiction will resolve any dispute about it. This Section 18.5 is intended to be construed to ensure efficient and fair resolution of mass filings and is not a class or representative proceeding.

18.6 Class action and jury trial waiver

You and Designer Optics agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. To the extent any claim proceeds in court rather than arbitration, you and Designer Optics each waive the right to a jury trial.

18.7 Severability of this Section

If the class action waiver in Section 18.6 is found unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) will be severed from arbitration and decided in the courts identified in Section 19, and all remaining claims will be arbitrated. If any other part of this Section 18 is found unenforceable, the rest of the Section remains in effect.

18.8 Your right to opt out

You may opt out of this arbitration agreement and class action waiver by sending an email to support@designeroptics.com with the subject line "Arbitration Opt-Out," stating your name, email address, mailing address, and a clear statement that you want to opt out of arbitration, within 30 days after you first accept these Terms or make your first purchase after this Section took effect, whichever is later. Opting out does not affect any other part of these Terms. If you opt out, disputes will be resolved in the courts identified in Section 19.

18.9 Changes to this Section

If we change this Section 18 after you accepted these Terms, you may reject the change by notifying us at support@designeroptics.com within 30 days after the change is posted, in which case the version of this Section in effect when you accepted the Terms will apply to disputes that arose before the change. This Section survives the termination of these Terms and of your relationship with us.

Section 19 - Governing law and venue

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law rules, and, as to the arbitration agreement in Section 18, the Federal Arbitration Act. Subject to Section 18, any dispute that is not subject to arbitration, or that is brought under Section 18.3 or after a valid opt-out, will be brought exclusively in the state courts located in Kings County, New York, or the United States District Court for the Eastern District of New York, and you and Designer Optics consent to the personal jurisdiction of those courts, except that claims may be brought in a small claims court as permitted by Section 18.3. Nothing in this Section deprives you of the protection of mandatory consumer protection laws of the state or country in which you reside.

Section 20 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 21 - Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. We may assign our rights and duties under these Terms to any party at any time without notice to you; you may not assign your rights or obligations under these Terms. We may deliver notices to you by email, by a general notice on the site, or by other reliable method to the address you have provided to us.

Section 22 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes, subject to Section 18.9.

Section 23 - Contact information

Questions about the Terms of Service should be sent to us at support@designeroptics.com or to Designer Optics Corp, 791 Kent Avenue, Brooklyn, NY 11205, United States. Phone: 718-412-0407.

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