Terms of service

WEARME PRO TERMS AND CONDITION

The following terms and conditions govern all use of the www.wmpeyewear.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by WEARME PRO, Inc. (“WEARME PRO"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, WEARME PRO Privacy Policy) and procedures that may be published from time to time on this Site by WEARME PRO (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WEARME PRO, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. TERMS OF SALE

The following terms apply to your purchase of the products offered on the Site,

Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability, or that may otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

Availability and Pricing. WEARME PRO reserves the right to change the prices and available Products at any time. Any products you have already paid for as of the date of such notice will not be affected by such change. Quantities of some Products may be limited and stock cannot always be guaranteed. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Purchasing Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.

Orders. We have the right to refuse or limit any orders, limit quantities. Products should arrive within 7-10 business days after customer is charged for domestic orders. International orders can take up to six weeks to arrive.

Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, please contact service@wmpeyewear.com. We must receive notice of a damaged or incomplete shipment within thirty (30) days of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.

Returns. In the event that the Customer is sent a replacement, the Company makes no guarantees that it will be the same Product(s) that the Customer initially received. If a package is marked as delivered, the Company will not reimburse the Customer for packaging if the Customer claims he/she/it did not receive the Product(s). Returns on wholesale products on our website are allowed 14 days after purchase. Customers shall incur 35% restocking fee on all returns.

Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. Sales Tax will be charged with each purchase, and added to the Customer's order at checkout. All customer shall provide its reseller certificates upon request for tax collection.

2. YOUR WMPEYEWEAR.COM ACCOUNT AND SITE.

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with our store. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WEARME PRO may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause WEARME PRO liability. You must immediately notify WEARME PRO of any unauthorized uses of your account, your account or any other breaches of security. WEARME PRO will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

3. SERVICES.

Fees; Payment. By signing up for a Services account you agree to pay WEARME PRO the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. WEARME PRO reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at anytime on thirty (30) days written notice to WEARME PRO.

Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by WEARME PRO to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free plspecialties.com services. All support will be provided in accordance with PRIVATE LABEL SPECIALTIES standard services practices, procedures and policies.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. PROMO CODES.

WEARME PRO may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by WEARMEPRO at any time in its sole discretion.

7. RESPONSIBILITY OF WEBSITE VISITORS.

WEARME PRO has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, WEARME PRO does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WEARME PRO disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

8. COPYRIGHT INFRINGEMENT AND DMCA POLICY.

As WEARME PRO asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by wmpeyewear.com violates your copyright, you are encouraged to notify WEARME PRO in accordance with WEARME PRO Digital Millennium Copyright Act ("DMCA") Policy. WEARME PRO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WEARME PRO will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WEARME PRO or others. In the case of such termination, WEARME PRO will have no obligation to provide a refund of any amounts previously paid to WEARME PRO.

9. INTELLECTUAL PROPERTY.

This Agreement does not transfer from WEARME PRO to you any WEARME PRO or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely WEARME PRO. WEARME PRO logo, and all other trademarks, service marks, graphics and logos used in connection with wmpeyewear.com, or the Website are trademarks or registered trademarks of WEARMEPRO or WEARME PRO' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WEARME PRO or third-party trademarks.

10. PRODUCT BRANDING.

The customer agrees to the terms and condition set forth in the intellectual property section and also agree to retain WEARME PRO branding on all of its product/displays and will not use WEARME PRO displays on other brand products. If the customer fails to adhere to the provision of this section, such breach shall be subject to the termination of the customer account and indemnification of WEARME PRO.

10. CHANGES.

WEARME PRO reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WEARME PRO may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. TERMINATION.

WEARME PRO may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your wmpeyewear.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by WEARME PRO if you materially breach this Agreement and fail to cure such breach within thirty (30) days from WEARME PRO notice to you thereof; provided that, WEARME PRO can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. DISCLAIMER OF WARRANTIES.

The Website is provided "as is". WEARME PRO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WEARME PRO nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. CUSTOMER DISCLAIMER.

The customer agrees to series of terms as set forth in this agreement and WEARME PRO will like to further state that the client shall not, under any circumstance resell WearMe Pro product on Amazon at any time. Selling WEARME PRO products on Amazon shall be a breach of this agreement and shall be subject to the termination and indemnification of WEARME PRO.

14. LIMITATION OF LIABILITY.

In no event will WEARME PRO, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WEARME PRO under this agreement during the twelve (12) month period prior to the cause of action. WEARME PRO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. PRODUCT LIABILITY.

In no event will WEARME PRO be liable to its customer or to the users of its product of different form of its product such as sunglasses, glasses and reading glasses. The customer agrees to this product liability clause as stated herein and agrees to hold WEARME PRO harmless against and litigation and disputes.

15. GENERAL REPRESENTATION AND WARRANTY.

You represent and warrant that (i) your use of the Website will be in strict accordance with the WEARME PRO Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. INDEMNIFICATION.

You agree to indemnify and hold harmless WEARME PRO, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

17. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

18. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

19. DISPUTES

You and WEARME PRO agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to WEARME PRO in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section.

20. INFORMAL RESOLUTION.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at service@wmpeyewear.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

21. APPLICABLE LAW.

The validity, construction, performance, termination, and any other aspect of this Agreement shall be governed by the laws of the State of Illinois, and the federal laws of the United States where applicable. The arbitration agreement, below, shall be separable from the remainder of this agreement.

22. ARBITRATION.

Any dispute between the parties arising under or in connection with this Agreement shall be settled by arbitration conducted under the UNCIRAL Rules of Arbitration. Arbitration will take place in Barrington, Illinois, and the lex arbitri shall be laws of the State of Illinois, and the federal laws of the United States, where applicable. The arbitrator shall be a licensed American attorney with at least ten years' post-qualification experience. The arbitrator shall provide reasoning for the award, and the award shall be final and binding.

23. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.