Limited warranty

Bollé Brands Inc. (“Bollé Brands”) warrants that its RX prescription eyewear (frame and prescription lenses) purchased from the Bollé Brands RX Webshop (“Good(s)”) will be free from defects in materials and workmanship for the warranty periods set forth below. 

  

This warranty is provided to the original end-user purchaser of the Good, whether such purchaser buys the Good directly from an Optical Partner or a Reseller (each, a “Buyer”).  For purposes of this warranty, “Optical Partner” means the optometrist, ophthalmologist, health care professional or other party providing Optical Services, who may acquire Goods from Bollé Brands and/or provides Optical Services.  “Optical Services” means services offered or provided by the Optical Partner, including the provision of eye testing, measurement services, and lens prescriptions.

 

The warranty period begins on the date the Good is delivered to the address indicated by the Buyer, which is the party that purchased the Good from Bollé Brands for resale to an end-user wearer. 

 

 

For avoidance of doubt the “delivery to the Buyer” means the delivery to the address indicated by the Buyer.

 

Bollé Brands will replace a defective Good that is covered by this limited warranty or, if replacement is not possible, reimburse the cost of the Goods.  If a replacement Good is provided, the warranty period for such replacement Good shall be the remainder of the warranty period measured from the date of delivery of the original Good to Buyer.

 

This warranty does not cover any defects due to normal wear and tear (including, but not limited to, scratches, cracks, or breakage due to use); damage due to misuse or abuse; damage caused by alteration or modification to the Good; damage due to failure to comply with Good installation, use and care or maintenance instructions; damage due to torsional shock, compression, fall or abnormal impact on the Good; or negligence.

 

For progressive lenses, this warranty also covers pupillary distance (PD) adjustments and height adjustments.  For lens coatings, this warranty does not cover damage due to scratching, heat or chemical damage, or any other mistreatment.

 

In cases of non-adaption by the wearer, the wearer should contact the Optical Partner within the first two months following delivery of the Good to the Buyer for assistance under Bollé Brands’s non-adaption policy. The procedure to be followed is defined in section “How to make a Warranty Claim”.

 

A Good’s conformity with an incorrect prescription or order provided by the Buyer is not a defect and is not covered by this warranty.

 

There are no warranties which extend beyond those stated herein.  Any implied warranties that may be applicable to THE GOODS, including implied warranties of merchantability or fitness for a particular purpose, are LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.  Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.   

 

How to make a warranty claim

 

A wearer who believes a Good has a defect that is covered by this warranty should bring the Good to the Optical Partner, or if the Optical Partner is not the Buyer or is not affiliated with the Buyer, the Buyer’s designated Optical Partner, for a first assessment. 

 

To make a warranty claim to Bollé Brands, the Optical Partner should contact Bollé Brands through the Webshop online warranty claim form and will be asked to submit information regarding the claimed defect (including photographs of the Good as requested by Bollé Brands) as well as proof of purchase (including the Webshop order number and other purchaser information).  Bollé Brands will review the information submitted and determine whether the Good has a defect that is covered by the warranty. 

 

If the defect is covered by the warranty, Bollé Brands may issue a return authorization number for the Good and the Buyer may be required to send the Good and return authorization number to the Bollé Brands customer service department at the address provided by Bollé Brands.  If return of the Good is requested by Bollé Brands, Bollé Brands will pay for the cost of shipping the Good to Bollé Brands, but any other costs associated with the return of the Good will be the responsibility of the Buyer.  Upon receipt, Bollé Brands will replace the Good, and will return the replacement Good to the Buyer, at Bollé Brands’s cost.   

 

Additional Terms

 

Under no circumstances shall Bollé Brands be liable for any special, incidental, or consequential damages based upon breach of this limited warranty, breach of contract or strict liability.  Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

 

This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

 

For any questions regarding this warranty, please call the Bollé Brands Customer Service department at 1-800-222-6553 or write to Bollé Brands Inc., 2810 Caribou Court, Suite 160, Carlsbad, CA 92010, U.S.A.