Our brands include the following: Ogi and Ogi Kids, the namesake collections; Seraphin, a sophisticated neoclassical collection; Bon Vivant, a cosmopolitan collection; Red Rose, a minimalist collection; and Scojo New York, a collection of contemporary, premium ready-to-wear reading eyewear.
NEITHER THE SITES NOR THE INFORMATION PROVIDED THROUGH THE SITES IS INTENDED TO CONSTITUTE MEDICAL OR PROFESSIONAL ADVICE. PLEASE CONTACT YOUR MEDICAL PROFESSIONAL IF YOU HAVE A QUESTION ABOUT YOUR EYE HEALTH OR THE APPROPRIATE PRODUCT(S) FOR YOU.
THE INFORMATION PROVIDED THROUGH THE SITES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL INFORMATION OR RECOMMENDATIONS FOR THE PRODUCT(S) SOLD THROUGH THE SITES.
ANY INFORMATION ABOUT A PRODUCT(S)’ UV OR BLUE LIGHT PROTECTION ARE FROM THE PRODUCT’S MANUFACTURER, AND WE DO NOT MAKE ANY REPRESENTATION REGARDING THE PRODUCT(S)’ UV OR BLUE LIGHT PROTECTION.
NEITHER THE COMPANY NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR DIRECTORS PROVIDES ANY ADVICE AS TO THE MEDICAL APPROPRIATENESS OR ADVISABILITY OF THE PRODUCT(S) SOLD THROUGH THE SITES. IF YOU ARE CONCERNED WITH THE USE OF OR DISSATISFIED WITH THE PRODUCT(S), PLEASE IMMEDIATELY DISCONTINUE USE OF THE PRODUCT(S) AND CONTACT US AT INFO@OGIEYEWEAR.COM.
Your Rights and Obligations
User Account. You may, but are not required to, create a user account to purchase Product(s) through our Sites. If you are under the age of 17, we require that you inform your parent or guardian and have their consent to open a user account.
Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the Sites and/or user account. If you elect to set up a user account on the Sites, you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Sites with your password.
Refund. You have the right to request a refund for any ready-to-wear reading eyewear you purchase from us in accordance with our REFUND POLICY.
Charges and Shipping. You are responsible for paying the purchase price, shipping charges and any tax for your purchase as noted on the Site’s shopping cart or final sales page. Payments may be made in the currencies and via the payment methods specified on the Site’s shopping cart of final sales page. We may elect to offer free standard shipping and charge for expedited shipping. Any shipping options will be as noted on the Site’s shopping cart or final sales page.
Shipping Information. Please make sure that the shipping address is correct, as we are unable to redirect orders once shipped. Please note that before we can ship your purchased Product(s), we may need to confirm your security or other details with your credit card issuer or PayPal. To avoid delays to your order, please ensure that your billing address matches the address on your card statement or PayPal account, and that the cardholder's or PayPal account holder’s name is entered as it appears on the card or PayPal account. Please also ensure that the contact details provided in your order or in your user account are accurate so that we can contact you if necessary.
Taxes & Duties. Prices displayed on the Sites are exclusive of taxes. When you proceed to purchase your Product(s), any sales, use or value-added tax, including Goods and Services Tax/Harmonized Sales Tax (GST/HST), (where applicable) will be calculated on the total Product(s) value when possible, along with any shipping charges. Please note that all taxes and duties for the Product(s) purchased are your responsibility. We are not responsible for paying sales or use taxes on your purchases through the Sites.
Credit Card Payments and PayPal. If you elect to pay for your purchase by credit card or using your PayPal account, you are responsible for providing a valid credit card number or PayPal account information at checkout. You represent and warrant that you are an authorized user of the credit card number or PayPal account provided, and you agree to pay all charges resulting from your purchases of Product(s), including any unauthorized charges incurred prior to your notice to us of such charges. You agree that we may pass your credit card information or PayPal account information and personally identifiable information to our designated service provider(s) to process the credit card or PayPal payment for your purchases. We will comply, and will ensure that our designated services provider(s) comply, with any credit card or PayPal processing rules and privacy regulations.
Access Limitations. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Sites access requirements, all hardware, software, electrical or other physical requirements for your use of the Sites, including without limitation, mobile devices, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or the Sites. You acknowledge and agree that from time to time the Sites may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Sites are accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g. your ISP).
Third Party Service Providers. You acknowledge that our contracts with third party suppliers, licensors, developers, application and data hosting providers, wireless network services, payment processers, and other technology services providers to provide the Site’s functionality ("Third Party Providers"). For example, all user data and user content is stored at computer data centres operated and maintained by Third Party Providers. We are responsible for ensuring that the Third-Party Providers abide by these Terms. We are solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.
Our Right to Refuse. You acknowledge that we are the owner or authorized reseller of the Product(s). Product(s) are sold “AS IS” and “AS AVAILABLE.” We reserve the right to not sell Product(s) to you if you request delivery to a country that is at war, or subject to another Force Majeure event, or that is currently under sanctions by the United Nations or sanctions or an embargo by the United States. All Product(s) are sold pursuant to a shipment contract and that means that risk of loss and title for such Product(s) passes to you upon our delivery to the carrier.
Restrictions. Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Sites, or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of the software in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of the Sites or the information or any portion thereof. As a visitor to the Sites, you are prohibited from posting or transmitting any threatening, obscene, libellous, unlawful or otherwise offensive material. You may not use your user account to send any unsolicited communication (e.g., spam). You are not permitted to link the Sites to any other website or off-site web pages without our prior written permission.
Disclaimers; Ownership, Limitations On Liability
No Warranty. The information provided through the Sites is believed to be accurate, but neither we nor our Third Party Providers warrant or guarantee such accuracy. THE INFORMATION AND THE PRODUCT(S), INCLUDING WITHOUT LIMITATION ALL PRICES AND SPECIFICATIONS FOR PRODUCT(S), PROVIDED THROUGH THE SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK. TO THE EXTENT THAT THE PRODUCT(S) ARE SUBJECT TO A MANUFACTURER’S WARRANTY, WE WILL PASS THROUGH SUCH WARRANTY WHEN LEGALLY PERMISSIBLE, BUT ARE OTHERWISE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION FOR ANY ERRORS (E.G. TYPOGRAPHICAL ERRORS) OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT(S) SOLD, THE INFORMATION OR THE SITES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, WHILE WE MAY AGREE TO REPLACE THE PRODUCT(S) OR REFUND THE PURCHASE PRICE FOR THE PRODUCT(S) PURSUANT TO A MANUFACTURER’S WARRANTY OR OUR REFUND POLICY, WE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM AND SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PRODUCT(S), AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. WE DO NOT WARRANT OR REPRESENT THAT THE SITES OR THE INFORMATION ARE ERROR-FREE. WE ARE NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION OR THE PRODUCT(S) PROVIDED THROUGH THE SITES. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Ownership, IP. All contents of the Sites are protected by copyright owned or licensed by us, and our logo and all other logos used on the Sites are protected by trademarks or service marks owned or licensed by us or our licensors. These trademarks and service marks may not be used without our prior explicit written permission. Information includes any and all types of information such as the "look and feel" of the Sites, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on the Sites. We try to ensure that the information on the Sites is accurate and complete. You shall have no rights or interests therein except as set forth in these Terms. You acknowledge and agree that the Product(s) are sold by us and that we are solely liable and responsible for the Product(s) sold and information provided through the Sites. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Product(s), the Sites or the information provided therein. The Product(s) are owned by us or our relevant Third Party Providers and are provided in conformance to our obligations under the licence or reseller terms with such Third Party Providers.
Limitations On Liability For Third Party Providers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF OUR THIRD PARTY PROVIDERS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN THE COMPANY AND ANY THIRD PARTY PROVIDER. IN ADDITION, YOU ACKNOWLEDGE THAT ALL SUCH THIRD PARTY PROVIDERS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. OTHER THAN ANY EXPRESS MANUFACTURER’S WARRANTY, YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT(S) AND/OR INFORMATION PROVIDED UNDER THE SITES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHILE SUCH THIRD PARTY PROVIDERS MAY AGREE TO REFUND THE FEES PAID FOR THE PRODUCT(S), SUCH THIRD PARTY PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PRODUCT(S) AND/OR INFORMATION PROVIDED, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
Damage Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES OR PRODUCT(S), WITH THE DELAY OR INABILITY TO USE THE SITES, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCT(S) OR INFORMATION PROVIDED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL BE LIABLE ONLY TO THE EXTENT OF VERIFIABLE, ACTUAL DAMAGES INCURRED BY YOU DIRECTLY RELATED TO THE PAID FOR PRODUCT(S) AND NOT TO EXCEED THE PURCHASE PRICE AND FURTHER SUBJECT TO ANY MANUFACTURER’S WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR THIRD PARTY PROVIDERS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITES OR PRODUCT(S). Any claims arising in connection with your use of the Sites, any information, or the Product(s) must be brought within one (1) year of the date of purchase. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with the Product(s), your sole and exclusive remedy shall be the limited refund right or for you to discontinue use of the Product(s).
Bargained For Basis. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND NEITHER THE SITES, INCLUDING THE INFORMATION, NOR THE PRODUCT(S) WOULD BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY.
Links. While this Site may contain links to third party websites, we are not responsible for the content of any linked websites. If provided, we provide these links as convenience and we do not endorse the companies or contents of any linked websites.
Your Responsibility. You understand that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
Compliance with Law. You agree that you will not use the Sites for activities prohibited by any applicable state, federal, or other country’s laws, rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. We make no claims regarding our Sites or Product(s) outside of the United States. If you access the Sites from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of such jurisdiction.
Agreement. These Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns. These Terms and your user account may not be assigned with our express, prior written consent which may be withheld at our sole discretion. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested; (iii) delivered through the our Sites at www.ca.scojo.com; or (iv) delivered by email to email@example.com. Notices sent by mail shall be mailed to OGI, LLC, 3971 Quebec Ave N., Minneapolis, MN 55427.
Governing Law. These Terms and the resolution of any dispute related to the terms of these Terms, the Sites or the Product(s) shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law.
Arbitration; Collection; Venue. Except as provided below, any controversy or claim arising out of or relating to these Terms will be settled by arbitration in Hennepin County, Minnesota, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected from a panel of persons having experience with and knowledge of the eyewear industry and e-commerce sites. Nothing herein contained will bar either party from seeking injunctive or equitable remedies in a state or federal court of competent jurisdiction sitting in Hennepin County, Minnesota for any intellectual property claim. We may charge interest on overdue undisputed amounts at the rate of 1% per month. The succeeding party may be awarded costs and expenses of the arbitration or other action, including reasonable attorneys’ fees.
No Waiver; Severability. Any failure on the part of a party to these Terms to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
Last revised as of July 30, 2019.
Copyright © OGI, LLC 2019. All rights reserved.