Effective Date of Current Policy: May 12th, 2014
Thank you for coming to www.WarbyParker.com (the "Site"). JAND, Inc., which does business as Warby Parker, operates the Site and provides services through the Site, but we'll just go by "Warby Parker", "we", or "us" to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we'll do our best to keep it easy to read. We will also just refer to both the Site and the services available through the Site as the "Services" to try to keep things short—shorter at least.
Things happen quickly, both inside and outside of Warby Parker, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We'll make sure to also change the "Effective Date" at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, even non-adults deserve fantastic eyewear, so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
We don't believe in putting unnecessary roadblocks in your way throughout our Services. You can maneuver most of the Services without creating a user account ("Account"). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You can share a good book, a nice walk, or even an old pair of (non-prescription) glasses. You should not, however, share your Account information. You may never use another person's Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete your Account by emailing us at Help@WarbyParker.com.
In store? Online? At home? At Warby Parker, we're breaking down barriers so these questions won't be the deciding factor between whether or not you can get great glasses. Warby Parker offers a free five-day Home Try-On program to help you pick your perfect frames. You may choose any five frames (with non-prescription lenses) to try on at home for a five-day period (the "Try-On Period"). When you pick frames from our Home Try-On program, we will pre-authorize a $1.00 charge on the credit card you provide to us. The $1.00 charge is only for security purposes and should typically disappear within about 48 hours of you placing the Home Try-On order, although the exact timing will depend on your bank, which may take longer than this. When you use our Home Try-On program, you agree to return all Home Try-On frames to us in their original condition within the Try-On Period, using the pre-paid return packaging we provide. If the Try-On Period ends, and any of the frames have not been returned, or the frames are returned damaged, we will charge your credit card for the full amount of each pair of frames that are missing or damaged ($85.50 per acetate frame and $130.50 per titanium frame, plus sales tax where applicable). That means this charge applies to frames that you decided to keep or are lost, stolen or damaged. By submitting your Home Try-On order, you authorize Warby Parker to charge your card for the full retail price of each frame as displayed on our site, plus sales tax where applicable, if you do not return your Home Try-On frames according to the guidelines in this section. However, we know things come up, so if you need an extra day or two, no problem. Just give us a call, and we'll work something out. We're available at 888.492.7297, Monday-Friday, 9 a.m.-9 p.m. ET.
In order to avoid being charged, your Home Try-On return package will need to be postmarked (on its way back to Warby Parker) by the fifth full day after delivery. If your Home Try-On period ends on a weekend or holiday, just drop the return package in the mail on the next available day. Remember, if you need an extra day or two, just call us at 888.492.7297, Monday through Friday, 9 a.m.-9 p.m. ET.
If you decide to purchase any of the frames you received during the Try-On Period, you may do so by placing an order through the Services. For prescription eyewear, we will also need any required, valid prescription information when you place your order.
Currently, our Home Try-On program is only available to customers who live in the contiguous United States. Please click here for more information.
1. Select Your Frames: Warby Parker sells optical and sunwear frames that can have either prescription or non-prescription lenses. If you wish to purchase multiple frames utilizing different types of lenses (for example, a prescription optical frame and a non-prescription sunwear frame), you will have to place those orders separately.
a. Optical Frames: To order an optical frame, select the desired frame and click the "Add to Cart" button to add it to your order. When you checkout, you will have the option of choosing between three types of eyewear, each featuring a different lens type:
b. Sunwear Frames: To order sunwear frames, select the desired frame and click the "Add to Cart" button under either the non-prescription or prescription option.
2. Provide Your Prescription: If you are purchasing prescription eyewear, you can provide your prescription information by one of the following methods:
Please note that your prescription must be valid on the date you place your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.
3. Pupillary Distance Measurement: We will also need your Pupillary Distance ("PD") (fancy words to describe the distance between your pupils) to fill your order. If your PD is not on your prescription, our licensed optometrists and opticians (or trained sales associates where allowed by law) can measure your PD when you visit certain of our retail stores, or you can have a local optical shop measure your PD. If an optical shop charges you to measure your PD, we will reimburse you up to $50 for that expense if you purchase glasses from Warby Parker. We also provide self-measurement tools online, but there is always a risk that your measurement is not as accurate as one performed by a trained eye care professional. By using our tools, you acknowledge that risk and agree that we will not be responsible for any inaccuracies in your PD.
4. High Index Lens Option: If your prescription has a sphere greater than +4.00 or less than -4.00, you have the option to purchase high index lenses for an additional fee. These lenses are even thinner and lighter than our standard lenses and are great for users with strong prescriptions. These lenses may not, however, be appropriate for our younger or more active customers because they are less impact-resistant than most of the lenses we sell.
5. Delivery Information: We'll need your name, address, and telephone number to send you your Warby Parker purchase. All orders are shipped to the contiguous United States for free; to Alaska, Hawaii and Puerto Rico for a flat rate of $15.
Please click here for delivery estimates. Your frames should arrive within 10 business days. If you need your eyewear sooner or just don’t want to wait (believe us, we understand), please call us at 888.492.7297, Monday through Friday, 9 a.m. to 9 p.m. ET before placing your order to determine whether or not we will be able to expedite shipping. Please note that expedited shipping costs an additional $30 and takes approximately three to four business days. Next day shipping may also be available for an additional fee.
7. Payment: After you have made your eyewear selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
6. 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. Feel free to call us at 888.492.7297, Monday through Friday, 9 a.m. to 9 p.m. ET. You can also email us at Help@WarbyParker.com or contact us via Twitter @WarbyParkerHelp, if you would like to check the status of your order, or you just want to chat about how excited you are about your new glasses.
7. Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don't have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, call us at 888.492.7297, Monday through Friday, 9 a.m. to 9 p.m. ET, or email us at Help@WarbyParker.com with the subject line "Change/Cancel Order." If we are unable to make the requested change or cancellation, usually because we have already shipped the order, we will provide you with a prepaid return shipping label so that you can still return the glasses after you receive them.
8. 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 USPS).
9. Returns and Exchanges; Lens Replacement: You have 30 days to return or exchange your Warby Parker eyewear from the day you receive them. We provide free return shipping for orders within the contiguous United States. Please click here for information on returns and exchanges.
Glasses are meant to be worn, used, and lived-in—not babied. Plus, we have faith in the high quality of our lenses. If your lenses scratch within one year of you receiving your glasses, we will replace your lenses for free. (This includes free shipping both ways for customers within the contiguous United States.) Similar to your original order, when you request a replacement, you will need a prescription that is valid on the date you request the replacement. Please click here for information on how to replace your scratched lenses within one year of receiving your Warby Parker frames.
If it has been more than one year since you received your glasses, or you want to get new lenses for any other reason, please click here for information on ordering new lenses.
10. Access to your Prescription: We keep your prescription on file for some time after you order your glasses, and we make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take us a day or two to retrieve older (say, dated more than two years ago) prescriptions. Please keep that in mind if you need your information by a certain day or time.
11. Insurance: Please click here for information on payment and insurance.
12. Purchase Limits: We want to give all our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of our glasses, and we may place limits on purchases. We may also, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms.
13. Language: Presently, our order process only supports the English language.
Tip: If you use the Services, you get cool new glasses (or maybe a monocle). You do not get any of our intellectual property.
Imitation may be the sincerest form of flattery, but that doesn't mean you can take any of our intellectual property. All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Warby Parker or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall "look and feel" of the Site and Services (collectively the "Marks") are proprietary to Warby Parker, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at Legal@WarbyParker.com.
After all of the restrictions above, we don't want it to sound like you can't even use the Services, so we'll give you permission right here: we give you a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don't think you would need to do much else, so this license only gives you the rights we expressly stated in this section.
Just so we're clear, however, this license does not allow you to do any of the following:
Please don't do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:
We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback.
These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.
Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.
We do not own any of your content, although by providing content to us, you may grant us a license to use it, as we'll discuss here.
When you submit, distribute, transmit, or post any communications or any other material to Warby Parker (either through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores, such as when you take pictures in our store photo booths. This is collectively "User Content"), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Warby Parker to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. Be assured you have our thanks. Lots of it.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Warby Parker a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don't agree to these conditions, then please don't provide the materials to us.
We need you to promise us certain things about your submissions so that you don't get us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant (archaic lawyer words for "pinky promise") that
In addition, any User Content must not
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone's intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person's access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by calling 888.492.7297, emailing Legal@WarbyParker.com, or writing Anjali Kumar, General Counsel, Warby Parker, 161 Avenue of the Americas, New York, NY 10013, USA.
You may see a lot of different content on the Services (especially with your new eyewear). Some of this content will come from other users or sources outside of Warby Parker. All content, including User Content and third-party content, is the responsibility of the party that creates it. Warby Parker does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Warby Parker.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
Disrupting traditional models in the eyewear industry keeps us pretty busy around Warby Parker, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Warby Parker will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Warby Parker or another party provides it.
1. We like you and want you to be a long time customer, but we trust you to be adults (see: eligibility section) and have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
2. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, 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.
(Sorry about this, but the below gets a little dense. All-caps doesn't mean we're yelling; it's just what's legally required.)
3. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARBY PARKER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY WARBY PARKER OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, 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, WARBY PARKER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WARBY PARKER OR ANYONE REPRESENTING WARBY PARKER BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR WARBY PARKER'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WARBY PARKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We really hope we won't ever have to do this, but we do reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
No matter where you're located, the laws of the State of New York will govern these Terms and the relationship between you and Warby Parker as if you signed these Terms in New York, without regard to New York state's conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and Warby Parker and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation