Thank you for visiting New Look Web Inc’s online optical store and information site, offering optical products and accessories including eyeglasses, sunglasses and contact lenses (the “Site”). This Site is administered by New Look Web Inc (“we” and “us”), a company incorporated under the laws of the Province of British Columbia. The purpose of this Site is to provide a high quality and convenient shopping experience to each visitor of this Site (“you”). In order to ensure that you have an enjoyable visit, we have established the following terms and conditions of use for the Site, to govern your access to and use of the Site and to determine the expectations each party has of the other.
1. Acceptance of the Terms and Conditions
We work constantly to improve our services to make our products better for you. As a result, we may need to update and we reserve the right in our sole discretion to revise these Terms and Conditions from time to time, to accurately reflect our services and practices. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. We hope that you will continue using our Site, but if you do not agree to our updated Terms and Condition, you can delete your account on the Site at any time.
3. Account Set-Up and Security
You may register for certain activities by creating an account on the Site. When you register or provide any other information in connection with the account, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate any account or other registration if we suspect that such information is untrue, inaccurate, not current or incomplete.
You are responsible for maintaining the confidentiality of any password and username that you are given or that you select, and you are 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 username or any other breach of security.
You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.
4. Getting Your Eyewear
- Selecting Your Frames. We sell eyeglasses and sunglasses with either prescription or non-prescription lenses. To learn more about the lenses we offer, you can visit the Lenses section of our Site. To order frames/glasses and sunglasses, select your desired frame/pair of glasses and sunglasses and click the “Add to Cart” button to add it to your order. As part of the checkout process, you will have the option to add prescription lenses to your order if you have a valid prescription and scan. When you check out, you will have the option of choosing between prescription and non-prescription lenses.
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
- Your Prescription. If you are purchasing prescription eyewear, you hereby certify that you have a valid prescription for the contact lenses or eyeglasses that you are ordering. You represent and guarantee by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your licensed eye care provider. You understand that we will not fulfill your order unless you have a valid prescription. If your prescription information is incomplete, we may need to take additional measures to track down current information and hereby consent to our contacting you or your eye care provider, which could mean you have to wait longer for your glasses.
- Delivery Times. Production times for prescription lenses vary in business days depending on the prescription and the type of lens required. Once your lenses have been crafted and mounted into the frame, they will be shipped to you using your chosen shipping method.
Wait time for contact lenses depends on your lens type. Some products are in stock, and others are custom orders through the manufacturer. Once your contact lenses are in stock, they will be shipped to you using your chosen shipping method.
Quality assurance technicians inspect and verify each and every eyewear order. If your eyeglasses happen to fail quality assurance, your expected delivery time will be delayed. We will inform you of any such delays and provide you with up-to-date information on your order.
- Delivery Information. We’ll need your name, address, and telephone number to complete your order and send you your purchase. Deliveries will be completed as soon as possible and are “effort” based. When your order ships, you will be sent an email confirmation that includes a tracking number and instructions for how to track your order online. Subject to delays outside our control, the overall delivery period will not exceed 30
- Payment Information. After you have made your eyewear selections and provided your prescription and shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method. We currently accept the following forms of payment: Visa and Mastercard. If using a discount code, please note that only one discount code can be used per order.
- Checking Order Status. We know how exciting it can be to get a delivery, so once your eyewear is on its way to you, we’ll send you an email confirmation with tracking information.
- Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. You may cancel your order without stating any reason for doing so, such within 24 hours following the confirmation of your order. To change or cancel an order, follow the instructions detailed in our Return Policy section on newlook.ca.
- Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or Canada Post).
- Returns, Exchanges, and Lens Replacements. For more information about returns and exchanges and replacing your lenses, check out the Return Policy.
We guarantee the quality of our frames, lenses and coatings. Our network of opticians is here to ensure you experience the best fit and comfort with your new glasses. That is why we recommend to get an in store adjustment by an optician for your new glasses. You can make an appointment at any New Look location across Canada. New Look offers different guarantees that covers both frame & lenses. Learn more here. Our warranty does not cover the damage caused by the wear and tear of everyday use, or any damages caused by sudden force or impact.
- Purchase Limits. We want to give all of our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of glasses, and we may, at any time, place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms and Conditions.
- Presently, our order process only supports the French and English language.
6. Intellectual Property Rights and Ownership
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by Canadian and international intellectual property laws including without limitation, copyright, trademark, patent, trade secrets, and any other proprietary rights.
Our name, NEW LOOKTM, LOOK! TM and all related names, logos, product and service names, designs, images, and slogans are our or our affiliates’ or licensors’ trademarks. You must not use such marks without our express written consent. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Site. This licence does not include any resale or commercial use of our Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site, nor any part of the Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Sites. You may use the Site only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms and Conditions.
7. Conditions of Use and Site Content Standards
As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms and Conditions.
Without limiting the foregoing, you warrant and agree that your use of the Site and any User Submission (as defined below) shall not:
- violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.
- resell or make any commercial use of the Site or any of the Site content.
- modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Site content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser.
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Site content, including any trademarks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
- use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Site or to collect any information from the Site or any user of the Site.
- harvest or scrape any content from the Site, or using other automated or manual means to take our content without our prior consent
- bypass, circumvent, or attempt to bypass or circumvent any feature of the Site or any measures we may use to prevent or restrict access to the Site, including other accounts, computer systems or networks connected to the Site.
- run any form of auto-responder or “spam” on the Site.
- otherwise take any action in violation of these Terms and Conditions.
8. User Submissions: Grant of Licence
We want to hear from you, and so you may see areas on the Site where you can post information or communicate with us or other visitors of the Site. We hope you will use these tools to meet the rest of our community and give us your feedback.
“User Submissions” means any public communications or any other material you submit, distribute, transmit, or post through the Site, through our pages on third-party sites (such as Instagram, Twitter and Facebook), or through activities in our stores. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
When you submit, distribute, transmit, or post User Submissions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You also agree that if your User Submissions contain any ideas, concepts, know-how, or techniques, we can use the User Submission and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
9. Site Monitoring and Enforcement, Suspension, and Termination
We reserve the right, without provision of notice to:
- Remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms and Conditions.
- Deactivate or delete with immediate effect any account and/or to prohibit future access to such accounts.
We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party, subject to applicable laws.
11. Electronic Communications
12. Third-Party Websites
For your convenience, this Site may provide links or pointers to third-party sites. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or third-party websites linking to the Site. Any such hyperlinks provided by us are for your reference only and are used at your own risk.
13. Disclaimer of Warranties
We like you and want you to be a long-time customer, but we have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Site.
- what content you access via the Site.
- what effects the content may have on you.
- how you may interpret or use the content.
- what actions you may take as a result of your exposure to the content.
We make no representations concerning any content contained in or accessed through the Site, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, RELIABLE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SITE DOES NOT CONTAIN INFORMATION ABOUT ALL EYE DISEASES, NOR DOES THIS SITE CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT TO YOUR EYE CARE NEEDS. THE INFORMATION PROVIDED IN THIS SITE IS ONLY GENERAL HEALTH INFORMATION, AND IS INTENDED ONLY TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR PROFESSIONAL EYE CARE PROVIDER. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR PROFESSIONAL EYE CARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THIS SITE.
14. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, (I) THE SITE, (II) ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR (III) ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OR RELATING TO YOUR BREACH OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SITE.
16. Governing Law and Choice of Forum
The Site and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Site and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
We make no representation that the content in this Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
17. Waiver and Severability
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
In the event any provision of these Terms and Conditions is held invalid, illegal, or unenforceable in any jurisdiction, it will not affect the enforceability any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction, and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
18. Entire Agreement
The Terms and Conditions constitute your sole and entire agreement with us regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Any feedback, comments, requests for technical support, and other communications relating to our products or the Site, should be directed to [email protected].