About lesncrafter
“Lenscrafters”, wholly owned by Luxottica group SPA, is a global retail chain for sale of Luxottica branded eyewear and accessories (“Luxottica products”). In India, DLF Brands Private Limited (“DBL”) has entered into a License Agreement with Luxottica Group SPA and a Supply agreement with Luxottica India Eyewear Private Limited (Luxottica India) for the operation of retail chain named “Lenscrafters” for sale of Luxottica branded eyewear and accessories (“Luxottica products”).
This website (“Website”) has been set up, and is operated and maintained by DBL for the purpose of display and marketing of Luxottica Products by DBL to end customers.
Important terms
Please read this “Terms of Use” document carefully. This“ Terms of Use” document is an electronic record in the form of an “electronic contract” in terms of Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000, between DBL and the user of this Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
If you do not agree with the terms of this “Terms of Use” document please do not use this Website. By visiting this Website you unconditionally accept, and agree to be legally bound by the “Terms of Use” of the Website, read with the Privacy Policy and / or any other document mentioned herein.
This document is published by DBL in accordance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder that require publishing of the Terms of Use for access or usage of a website.
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website. By mere use of the Website, You shall be contracting with DBL and these terms and conditions including the policies constitute Your binding obligations, with DBL.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who uses or accesses the Website, or purchases any goods on the Website The term “We”, “Us”, “Our” shall mean DBL.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Accessing, Browsing or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by DBL Policies (including but not limited to Privacy Policy available on privacy policy) as amended from time to time.
Membership eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. DBL reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to DBL’s notice or if it is discovered that you are under the age of 18 years.
Your account and registration obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that 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, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
Usage restrictions
You shall not use the Website/app/chatbot for any of the following purposes:
Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Henceforward:
You release and indemnify DBL and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, DBL cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Charges
Membership on the Website is free for buyers. DBL does not charge any fee for browsing and buying on the Website. DBL reserves the right to change its Fee Policy from time to time. In particular, DBL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event DBL reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to DBL.
Use of the website
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
Contents posted on site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and DBL has no control over such third party user generated content.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without DBL’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us/consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under our current Privacy Policy. If You object to your Information being transferred or used in this way please do not use the Website.
Disclaimer of warranties and liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, DBL does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
We have made every effort to display the colors of our products that appear on the Website/app/chatbot as accurately as possible. 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.
DBL will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. DBL does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications for any updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Compliance with laws
You and DBL shall comply with all the applicable laws and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the Website.
Indemnity
You shall indemnify and hold harmless DBL, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.
Jurisdictional issues
Unless otherwise specified, the material on the Website is presented solely for the purpose of India. DBL makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so at their own initiative and DBL is not responsible for other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, copyright and restriction
This site is controlled and operated by DBL. This web site contains many trademarks, trade names, service marks, copyrights, and/or logos of Luxottica products and may also contain several protected marks of Luxottica Group SPA or Luxottica India numerous affiliates. Such marks remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this web site, any right, title, or interest in the marks. User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
Product description
DBL does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of liability
In no event shall DBL be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.
Contact us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Profanity Policy
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
DBL will consider the circumstances of an alleged policy violation and the user’s trading records before taking action. Violations of this policy may result in a range of actions.
Email abuse & threat policy
Private communication, including email correspondence, is not regulated by DBL. DBL encourages its Users to be professional, courteous and respectful when communicating by email. However, DBL will investigate and can take action on certain types of unwanted emails that violate DBL policies.
Such instances:
Threats of Bodily Harm - DBL does not permit Users to send explicit threats of bodily harm.
Misuse of DBL System - DBL allows Users to facilitate transactions through the DBL system, but will investigate any misuse of this service.
Spoof (Fake) email - DBL will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.
Spam (Unsolicited Commercial email) - DBL’s spam policy applies only to unsolicited commercial messages sent by DBL Users. DBL Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of DBL - DBL prohibits email offers to buy or sell listed products outside of the DBL Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
DBL policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards. Violations of this policy may result in a range of actions.
Termination
This User Agreement is effective unless and until terminated by either you or DBL. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this website/app/chatbot, provided that you discontinue any further use of this Website/app/chatbot.
DBL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/app/chatbot. Such termination will be without any liability to DBL. Upon any termination of the User Agreement by either you or DBL, you must promptly destroy all materials downloaded or otherwise obtained from this Website/app/chatbot, as well as all copies of such materials, whether made under the User Agreement or otherwise. DBL’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website/app/chatbot or affect any liability that may have arisen under the User Agreement.
Limitation of liability and disclaimers
The Website/app/chatbot is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website/app/chatbot.
The Website/app/chatbot provides content from other Internet website/app/chatbot or resources and while DBL tries to ensure that material included on the Website/app/chatbot is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. DBL will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website/app/chatbot.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, DBL or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website/app/chatbot, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of DBL to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
DBL its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website/app/chatbot or that the operation of the Website/app/chatbot will be error free and/or uninterrupted. Consequently, DBL assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website/app/chatbot; and/or any interruption or errors in the operation of the Website/app/chatbot.
By providing your phone number to us, You consent to be contacted by us via phone calls and/or SMS notifications, in case of any transactiona messages (i.e.) order, shipment delivery, returns, refund related updates. If your phone number is registered under the National Do Not Call Registry, we will not use your personal information to initiate any promotional phone calls or promotional SMS.
Website/app/chatbot security
You are prohibited from violating or attempting to violate the security of the Website/app/chatbot, including, without limitation,
Violations of system or network security may result in civil or criminal liability. DBL will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website/app/chatbot or any activity being conducted on this Website/app/chatbot. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website/app/chatbot other than the search engine and search agents available from DBL on this Website/app/chatbot and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).