Last update on December 22nd, 2016

Thank you for coming to www.DavidJann.com (the “Site”). DAVID JANN VENTURE, which does business as David Jann, operates the Site and provides services through the Site, but we’ll just go by “David Jann”, “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.

Before using any of the Services, please read these Terms of Use and any other policies and notices on the Site (the “Terms”) and our Privacy Policy at www.davidjann.com/privacy-policy. Together, these materials contain terms, rules, and other guidelines related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use the Services if you do not agree. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Because these terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, please contact us at support@davidjann.com.

We Reserve the Right to Update and Revise These Terms of Use at Any Time

Things happen quickly, both inside and outside of David Jann, 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.

Ownership of rights

Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of davidjann.com. All information displayed, transmitted or carried on the Site is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Site may be owned by the third parties. This site is designed, updated and maintained by David Jann Venture or its partners. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Site.

Disclaimer

David Jann maintains this site for your personal entertainment, information, education and communication. Your use of this website is at your own risk. Neither David Jann, nor any other party involved in the creation of this site is liable for any direct, incidental, consequential, or indirect damages arising out of your access to or use of this website. We also assumes no responsibility, and shall not be liable for, any viruses that may infect or any other damages to your computer equipment or other property on account of your access to and use of this site.

Eligibility

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.

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).

Restrictions on Use of Materials

Everything you see or read on this site is copyrighted unless otherwise noted, and is for personal use only. Any communication or material you transmit to David Jann via the Website by electronic mail or otherwise will be treated in accordance with our Privacy Policy. All images, trademarks, logos, and service marks are entirely the property of David Jann and the use of these images is prohibited unless specifically permitted in writing by David Jann. Any unauthorized use of any material contained on this site may violate copyright laws, trademarks laws, and other laws.

User Transmissions

Any communications or materials submitted to David Jann via the internet or this website will be treated as non-proprietary and non-confidential. By transmitting or posting any communications or materials to this site, you agree that David Jann or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. David Jann and its affiliates are free to use any and all material, concepts or ideas contained in such communications for any purpose whatsoever.

Privacy

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information. (Don’t worry; it’s nothing scary.)

Color and Description

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free.

Terms of Sale

When placing an order on the Site you accept these Terms and Conditions without limitation or qualification to purchase a product. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any representations made as to delivery times are within the areas stipulated by us and subject to any delays resulting from postal delays, or force majeure, or due to third party shipping provider delays, for which we will not be liable.

In order to contract with David Jann, you must be able to make valid and sufficient payment to us through legal channels accepted by us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you via e-mail that your order is placed in our system and is pending payment. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit/debit card or bank account used to place your order, and that there are sufficient funds to cover the cost of your order. The cost of products and services may fluctuate. All prices advertised on the Site are subject to such changes without prior notice to you. We reserve the right to make credit checks before accepting your payment for orders placed.

Sale Contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order and that your order is pending payment. Note that this acknowledgement email will only be an acknowledgement and will not constitute finalization of your order or the formation of a sale contract. A sale contract will not be formed until we send you confirmation by e-mail that your payment has been received and that the goods you ordered will be send to you. Only those goods listed in the e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability

Whilst we do our utmost in ensuring that all details, descriptions, availability, and prices of products, which appear on this Site are accurate, errors may occur. If we discover an error in the price or availability of any goods, which you have ordered, we will inform you of this immediately and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you or receive acknowledgement form you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition to all prices displayed; such additional charges will be clearly displayed where applicable and included in the total cost prior to placing your order.

Payment

Upon receiving your order, an acknowledgement e-mail will be sent to you confirming its receipt and payment details. At this stage, your order is not finalized and is still stated as ‘Pending’. Once we receive sufficient funds from you and your payment is confirmed, we will send an acknowledgement e-mail indicating so and that your order will soon be dispatched. Your order will then be dispatched within 1-2 business days of this acknowledgement e-mail.

Discount Codes

  1. Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Account discount codes will thus not be transferable.
  2. Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Site.
  3. Promotional vouchers are effective for the specified period stated on them only, can only be redeemed once and cannot be used in combination with other promotional vouchers. Individual brands may be excluded from voucher promotions.
  4. The credit of a promotional voucher cannot be redeemed to pay for products from third parties other than us.
  5. If you place an Order for a Product less than the value of the promotional voucher, no refund or remaining credit will be returned to you.

Your Account

When you register for the Site, you may be asked to provide a password for your unique account. We strongly recommend that you keep your password strictly confidential at all times. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. We are not liable for any loss or damage arising from loss of passwords. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Refusal of Service

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders at any time. Reasons for the Refusal of Service from us may include but are not restricted to if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

Time of Delivery

Your order will be delivered within 3-5 working days, but we try our best to get your new eyewear to you even sooner. As soon as we ship your order, you will receive an email with a Track & Trace code, so that you can keep watch on the progress of your new frames. We are not responsible for any delays caused by the logistic partner.

Transfer of Ownership

Regardless of the methods of payment and forms of delivery, the ownership of all the products purchased through the Site is transferred to the concerned user when we transfer the products to a logistic partner.

Return Policy

You may return unmarked and undamaged items within 5 days (including holidays) of delivery in its original condition after the items are received. The day the item received is considered 1 day. The product/s must be returned to David Jann with the original proof of purchase (invoice or receipts); and the returned defective product/s shall be replaced with the same model or specifications (when available) or with an item of the same value. Always contact David Jann customer service prior to returning products. E-mail customer service at support@davidjann.com and state your reasons for the return and order number and we reply to you shortly with instructions on how to proceed. The product must be well packaged, in the original delivery package. Any delivery damage due to poor packaging will be charged to the customer. We take no responsibility for the transportation of the return. Customer should bear the cost of shipping when returning items. We recommend that you use a delivery service that is reliable to reduce the chances of loss of goods during shipping. We will not refund used or damaged product.

Cancellation

Our products are shipped immediately as soon as the purchased is completed, thus we DO NOT accept cancellation of orders. Immediate shipping is part of our mission to give quick and hassle-free online shopping to our customers. Please be reminded that it is the customer’s sole responsibility to decide carefully whether to push-through with the purchase or otherwise.

Uploading material to the Site

Information you have uploaded to the Site, including prescription data and a photo shall be kept in accordance with our privacy policy and only stored for as long as reasonably necessary.

Prohibited Matters

The following acts are prohibited in use of the Site:

– Disturbing operation of the Service and constituting obstacles to the Service; – Illegal use of debit card or credit card; – Behaviors that cause or may cause damage or loss to the Company or third parties; – Behaviors violating or may violate the trademark rights, copyrights, privacy, or other rights of the Company or third parties; – Behaviors against public conventions and social orders; – Criminal conducts or relative behaviors; – False statement or submission in registration such as using other e-mail address; – Business activities for profit purposes; – Damaging the goodwill and credit of the Company; – Using or providing harmful programs such as computer virus and behaviors that may result in such situations; – Stealing mail address and password of other member; – Not paying the bill for the purchased products through the Service; – A breach of the Policy; – A breach of domestic or international laws; – Using the Service in ways not suggested by the Company; – Linking the Service to other databases without the approval from the Company; – Illegal access and data destroy to the server computer of the Service; Other acts we judges as inappropriate.

External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us at support@davidjann.com if you would like to link to this website or would like to request a link to your website.

Terms and Conditions (#YesDavidJann)

By responding with #YesDavidJann in any channels of David Jann you agree to the following:  

You grant David Jann and its affiliated companies a royalty-free, perpetual, worldwide license to edit and use your content (photograph/video/caption/text etc.) posted with the hashtag #YesDavidJann (the ”Content”) for all marketing and advertising purposes, including but not limited to: Instagram, Facebook, Twitter, Pinterest, Tumblr, WeHeartit, LinkedIn, Polyvore and davidjann.com. This license can also be transferred by David Jann and its affiliated companies to third party collaborators for the purpose of promoting products under the David Jann brand. This license also includes a right, but not an obligation, to refer to the creator of the Content and the social media account where the Content was uploaded. You confirm that you own or control the rights to the Content. If you are under 18 years old you guarantee that you have your parents consent. Furthermore, you certify that the Content submitted by you does not violate any rights of a third party or any law.

Comments or Questions

If you have any questions, comments or concerns arising from the Site or any other relevant terms of use, policies and notices contact us at support@davidjann.com.