Canoptec ("essilorsource.ca") operates the essilorsource.ca Web site (the "Site"). Use of the Site is governed by the terms and conditions set forth below, which constitute a contract between the user ("you") and essilorsource.ca. These terms and conditions may be amended at any time by essilorsource.ca. Any change to the terms and conditions shall come into effect immediately after they are posted on the Site. Please read these terms and conditions regularly. Your use of the Site after any change to the terms and conditions shall be deemed to be an acceptance of the said change on your part.
To use this Site, you must read these terms and conditions and agree to them by clicking on the "I agree" button below.
If you represent a company, you confirm that you are duly authorized to represent it.
1.1.1 The price payable for each product offered on the site is that appearing in the price catalogue for the Essilor Source warehouses of Canoptec.
1.1.2 Handling fees, as well as applicable sales taxes, shall be $1.85 per invoice and added to the price.
1.1.3 A fee of $10 will be charged for all orders of less than $20 or orders of 3 pairs of eyeglass lenses or less.
1.1.4 essilorsource.ca reserves the right to change the price of the products offered on the Site at any time, without notice.
1.1.5 All prices are quoted and payable in Canadian dollars.
1.1.6 The price of products on the Site may vary from the prices offered for the same products in the physical warehouses of Essilor Source operated by Canoptec.
1.1.7 The price of products shall be payable on the 15th of the month following delivery.
1.1.8 Late-payment fees of 2% of any unpaid invoice shall be charged 15 days after the due date.
1.2.1 Returns of lenses shall be authorized in advance by a representative of essilorsource. Requests for reimbursement must be accompanied by a copy of the invoice. Once the return is approved, a fee of 25% of the sale price shall be charged to the client's account for returning the lenses.
1.2.2 However, you shall be responsible for delivery charges and risks for returned products unless essilorsource.ca has not delivered the products you ordered to you or has delivered defective or damaged products, provided such damage did not occur during or after transportation, in which case essilorsource.ca shall bear the cost of return transportation and the risks related thereto, provided you return the products using a transportation company which offers a guarantee against loss and damage.
1.2.3 For the purpose of sections 1.2.1 and 1.2.2, lenses returned for credit shall be in their original state and packaging. Products may not be returned if they were damaged during or after delivery.
1.2.4 Upon receipt of the returned products, a credit shall be issued as soon as possible to the user's account, less delivery charges. The credit issued shall not be refundable and may only be used to purchase other products or services offered by essilorsource.
1.3.1 essilorsource.ca does not guarantee the availability of products offered on the Site. If essilorsource.ca cannot deliver one or more of the products you ordered because a product is out of stock, essilorsource.ca will notify you by e-mail and cancel the order for that product. You may then return to the essilorsource.ca site to order an alternate product or contact the nearest customer service department for Essilor Source.
1.3.2 essilorsource.ca shall not be liable for any damage you may incur due to the unavailability of or delay in delivering ordered products.
1.4.1 essilorsource.ca shall deliver the products you order to the address you give it with your application to open an account with Stock Club.
1.4.2 essilorsource.ca shall make delivery as quickly as possible after acceptance of your order, depending on availability. The time and cost of delivery may vary according to the destination of the package, the delivery method chosen and product availability. Delivery time is estimated from the time the products leave essilorsource.ca's place of business.
1.4.3 You shall own the products you order when essilorsource.ca hands them over to the transportation company. As of that time, you shall bear all risks and essilorsource.ca shall not be responsible for their loss or destruction.
1.4.4 The delivery of products shall be subject to the rules of the delivery companies with which essilorsource.ca does business, which, at the moment, is ICS, as well as the rules of any other company with which essilorsource.ca may do business from time to time. Please read the terms and conditions applicable to product delivery by the carrier before each order at the following address: http:\\ www.ics-Canada.net. In particular, you will be subject to the rules concerning the signing of a receipt for the products. If you are absent from the place to which you asked essilorsource.ca to deliver the products, you will be responsible for claiming the products according to the rules of the delivery company.
1.4.5 No delivery shall be made to a post office box.
1.4.6 No delivery shall be made if an account is overdue. In addition, essilorsource.ca shall not be liable for any damage you may incur due to an interruption of service.
1.5.1 In the event essilorsource.ca is held liable towards you, its liability shall be limited to the price you paid for the returned products.
1.5.2 Notwithstanding the foregoing, nothing in this section shall have the effect of limiting any right you may have under any law of public order which may be applicable in your case.
1.6 Superior force
essilorsource.ca shall not be responsible for the non-performance, in whole or in part, of any of its obligations towards you, nor for any loss or damage you may incur, if the non-performance, damage or loss results from superior force or circumstances beyond its control.
The Site is operated by essilorsource.ca from warehouses located in Canada. essilorsource.ca makes no representation to the effect that parts of the Site may be used in places outside Canada and it is prohibited to access the Site from territories where the content or use of the Site is illegal. People choosing to use the Site do so at their own risk and they are responsible for complying with all local laws. Any claim relating to the Site and its contents, or resulting from use of the Site, shall be governed by the laws of the Province of Quebec and federal laws applicable therein.
The purpose of the Site is to sell eyeglass lenses and supply related services. You agree to only use the Site for such purposes. Unless indicated otherwise in any section of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, posted or sent in any manner whatsoever without the prior written authorization of essilorsource.ca or the copyright holder. You may post or download parts of the Site, but only for non-commercial purposes, provided you do not change them and that you preserve all the intellectual property notices they contain.
The trademarks and logos used or posted on the Site are trademarks of essilorsource.ca or of third parties, whether registered or not. Nothing on the Site shall be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on the Site without the prior written authorization of the owner of the said trademark.
The Site and the information it contains are provided as is, without any implicit or explicit warranty. essilorsource.ca does not offer any guarantee as to the Site's availability. Subject to any laws of public order to the contrary, essilorsource.ca shall not be liable for and does not give any warranty, and in particular any warranty as to merchantability or appropriateness for any particular purpose. In addition, essilorsource.ca does not make any representation regarding the use, validity, accuracy or reliability of information reproduced on the Site or regarding the results of using of such information. Although essilorsource.ca does everything possible to avoid errors on the Site, it shall not be liable for any error which may be found on the Site. essilorsource.ca and its affiliated companies, officers, employees, representatives or agents shall in no event be liable for any damage directly or indirectly related to use of the Site, including loss of data or profit resulting from the use of information on the Site or the inability to use such information.
essilorsource.ca reserves the right to terminate this agreement at any time in the event you contravene any provision hereof.