Optic Monkey - Premium Eyewear

AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User" or "You") and OpticMonkey ("Company", "we", "us", or "our"), concerning your access to and use of the OpticMonkey website.

1. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of India. Specifically, we operate in compliance with:

The Information Technology Act, 2000
The Consumer Protection (E-Commerce) Rules, 2020
The Drugs and Cosmetics Act, 1940 (regarding Medical Devices)
The Legal Metrology Act, 2009

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts in Udaipur, Rajasthan, India.

2. MEDICAL DEVICE DISCLAIMER & USER WARRANTY

2.1 Classification

You acknowledge that Prescription Eyewear and Contact Lenses sold on this platform are classified as Medical Devices under the Medical Devices Rules, 2017.

2.2 Prescription Validity

By placing an order, you warrant and represent that:

You possess a valid, unexpired prescription issued by a registered medical practitioner (Ophthalmologist or Optometrist).
The prescription is not older than 6 months.
The data you enter or upload is an exact copy of this prescription.

2.3 Limitation of Liability

OpticMonkey shall not be held liable for any adverse health effects, vision deterioration, headaches, or accidents resulting from:

Inaccurate data entry by the User.
Use of an expired or invalid prescription.
Failure to follow the usage instructions provided with the product.

3. "CUSTOMIZED GOODS" - NO REFUND POLICY

3.1 Legal Exemption

Pursuant to Section 2(47) of the Consumer Protection Act, 2019, the right to return goods does not apply to goods made to the consumer’s specifications or clearly personalized.

3.2 Application

All prescription lenses are cut, shaped, and powered specifically for your individual order. Once processed, these lenses cannot be resold. Therefore, WE DO NOT OFFER MONETARY REFUNDS on any prescription eyewear orders.

3.3 Replacement Only Guarantee

We offer a strict "Replacement Only" policy valid for 7 days from delivery, applicable ONLY if:

The product is received in a damaged condition.
The lens power does not match the prescription uploaded (verified by our lab).
The wrong product was delivered.

MANDATORY REQUIREMENT FOR CLAIMS:

To be eligible for a replacement, you MUST provide an uncut, continuous Unboxing Video showing the shipping label and the defect. Failure to provide this video will result in the automatic rejection of your claim.

4. CANCELLATION POLICY

Pre-Processing: Orders may be cancelled within 2 hours of placement for a full refund.
Post-Processing: Once the "Status" changes to "In Production" (usually after 2 hours), the lenses have been sent for cutting. Cancellation at this stage is not permitted under any circumstances.

5. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us and are protected by copyright and trademark laws of India.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your submission of a fake or forged prescription; (2) use of the Site; (3) breach of these Terms of Service.

7. CONTACT FOR LEGAL NOTICE

In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

Legal Entity Name: OpticMonkey

Registered Address: Udaipur, Rajasthan, India

Grievance Officer: Nishant Sevak

Email: support@opticmonkey.com