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Terms of service

Terms of Use

Last updated: October 24, 2024

Bennyseyewear.com (including related domains and mobile sites, the “Site”), is the official website for Benny's Eyewear, LLC and is owned and operated by Benny’s Eyewear, LLC (“Benny’s,” “We,” “Our,” and “Us”). The following terms governs your use of services and purchase of products from the Site. By accessing, browsing, or otherwise using the Site, you agree to be bound by these Terms of Service set forth below (the “Terms”). If you do not agree to accept and abide by these Terms, you should not access or use the Site.

These Terms, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor (“you” or “your”) and Benny’s with respect to your use of this Site. You agree that the agreement formed by these Terms is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder, whether on behalf of yourself or any entity that you represent.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY. PLEASE READ THESE ENTIRE TERMS CAREFULLY BEFORE USING THIS WEBSITE. These Terms incorporate by reference the Privacy Policy, and any capitalized terms in that agreement shall have the same meaning here.

Jurisdiction

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms, you may not enter into this agreement or use this Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site, you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no—and you acknowledge that we make no—representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.

THIS SITE HAS BEEN DEVELOPED AND LAUNCHED FOR USE IN THE UNITED STATES IN COMPLIANCE WITH THE LAWS OF THE UNITED STATES. ALTHOUGH THE SITE IS ACCESSIBLE WORLDWIDE, NOT ALL FEATURES, PRODUCTS OR SERVICES DISCUSSED, REFERENCED, PROVIDED OR OFFERED THROUGH OR ON THE SITE ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS, OR APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THE COMPANY RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY FEATURE, PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA. ANY OFFER FOR ANY FEATURE, PRODUCT OR SERVICE MADE ON THE SITE IS VOID WHERE PROHIBITED. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE OF THE UNITED STATES, YOU WILL BEAR FULL RESPONSIBILITY FOR COMPLIANCE WITH THE LAWS AND REGULATIONS OF THE JURISDICTION WHERE YOU ARE LOCATED.

User Eligibility and User Accounts

The Site is open to use to those who are age eighteen (18) or above. By using the Site and otherwise engaging in our services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Site on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

You may create a User Account by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify Benny’s of any unauthorized use of your account on any of our Site.

Personal Use; Site Contents

Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use.

All of the information you provide to Benny’s or that we collect from you in connection with your use of the Site will be governed by these Terms and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, We may terminate your account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. We may change, move or delete portions of, or may add to our Site or its Contents from time to time (as further described herein), and these Terms cover any subsequent changes or modifications to our Site and/or its Contents.

The Site and its Contents are protected by copyright, trademark, trade dress and other laws, and all worldwide right, title and interest in and to the Site and its Contents are owned by Benny’s or its licensors. Benny’s, bennyseyewear.com, and all other trademarks appearing on the Site are trademarks of Benny’s or are licensed and/or used with permission. No licenses, express or implied, are granted by Benny’s to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Benny’s and all such rights are reserved and retained by Benny’s. ALL RIGHTS RESERVED. You agree not to display or use such trademarks without Benny’s express permission.

If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows: legal@bennyseyewear.com.

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Site and requests or concerns regarding improper content, will not receive a response through this process.

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

Benny’s shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. Benny’s recommends that you install appropriate anti-virus or other protective software.

User Comments, Feedback, Postcards and Other Submissions; Third-Party Websites

Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Benny’s on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Benny’s property. Benny’s is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. By submitting a Comment, you represent and warrant that any Comment you submit does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary rights. You further represent and warrant that any Comment you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are prohibited from implying that your Comment is in any way sponsored or endorsed by Benny’s. You are and shall remain solely responsible for the content of any Comments you submit.

You may not submit or upload Comments that are defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive (such Comments, “Offensive Comments”), whether or not such material is protected by law. You agree that you will not use the Site (or any features therein) to publish or disseminate or allow any other person to publish, republish, or disseminate, any Offensive Comments, nor use profanity in any posting to any Site.

You may also expose yourself to liability to Benny’s or third parties if, for example, your Comments contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with Benny’s or any third party or write defamatory comments through the Site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.

We may use your Comments in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your Comments for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably grant the users of the Site the right to access your Comments in connection with their use of the Site. Finally, You irrevocably waive, and cause to be waived, against Benny’s and its users, any claims and assertions of moral rights or attribution with respect to Comments. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Comments.

We reserve the right to remove, screen, edit, or reinstate your Comments from time to time at our sole discretion and without notice to you. By submitting Comments to Benny’s through its suggestion or feedback webpages, via email, or otherwise, you acknowledge and agree that: (a) Benny’s may have something similar to the Comments already under consideration or in development; and (b) we have no obligation to retain or provide you with copies of Comments, nor do we guarantee any confidentiality with respect to your Comments.

You understand that Comments and account information may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge that the Site may include access to content created, owned, or controlled by third parties (including you or other members). The Site may also link to third parties’ websites. While we may make these available to you, they are not under our control and we are not responsible for their content, nor do we guarantee their accuracy or availability to you. You may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites.

Site Transactions

We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered 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 or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when order was submitted on the Site.

Payment for all orders placed through the Site or otherwise communicated to us must be made at the time of ordering. You understand and agree that the prices quoted on the Site are an invitation to deal and that no contract will be formed between you and Benny’s until Benny’s accepts your invitation to deal by performance, specifically, by shipping the ordered goods. This includes quotes based on custom designs you create to order using our design software. Pricing errors will not constitute a contract between you and Benny’s, and Benny’s strives to quickly correct any pricing errors on the Site when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Benny’s is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Benny’s payment processor. You agree that you will not initiate any chargebacks to Benny’s unless otherwise authorized by Benny’s in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Benny’s.

You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website.

Return Policy

We have a 30-day return policy. Products are eligible for exchange refund for up to 30 days following the purchase date.

We offer you the option to unlock free return/exchange shipping later for the eligible items in your order by paying a small returns fee at the time of purchase. If you choose to pay this fee during purchase, there is no additional charge for shipping your item(s) back to us. If you choose not to pay this fee during your purchase, the cost for the return/exchange shipping label will be $5. Please note that this service does not exempt your order from final sale or other store policies.

Benny’s only accepts returns/exchanges sent back with Benny’s-issued labels in Benny’s original packaging and through Benny’s-approved carriers. Under no circumstances will Benny’s issue reimbursements for customer-sourced labels or customer-sourced packaging. Similarly, Benny’s will not honor returns sent through third-party shipping carriers outside the Benny’s network without Benny’s explicit written consent. Items returned outside of Benny’s return policy and process are not eligible for a refund.

Please initiate your return here. Original shipping and delivery fees are non-refundable. In order to receive a refund or replacement, your order must be returned in its original packaging, within 30 days of receiving your Benny’s labels, unless Benny’s notes, in-writing, that the item is not returnable due to damage or defect. After submitting your return request, we will send you a prepaid shipping label, and once the product is inspected for quality and checked into our warehouse, we will issue your refund (provided that only purchases made from www.bennyseyewear.com within the contiguous US qualify for free return shipping). All packages being returned with a pre-paid return label must move back into transit with the approved carrier within 30 days of receiving the return labels. After the return has reached our facility, please allow for 5-10 business days for the refund to be issued to your account.

Digital gift cards are not eligible for cash returns. For items purchased with a gift card, the amount of the return will be refunded back onto the gift card.

For items shipped outside of Benny’s return policy, Benny’s may, at its discretion and only upon successful confirmation of receipt of the item in acceptable condition, offer a 50% refund for items shipped using non- Benny’s issued labels or original Benny’s packaging. By agreeing to our terms of service, you agree to Benny’s return policy and accept additional charges or a possibility of no refund should a return be initiated outside of Benny’s system.

If you are unable to comply fully with the return policy, or if your return arrives damaged, unfortunately you may not be entitled to a full refund or any refund.

While we are unable to provide our international customers with shipping labels for returns or exchanges, we are still happy to help with returns/exchanges. Please call 866-303-3626 or email us at orders@bennyseyewear.com and we will guide you through the process. Please note that duties/taxes will not be refunded for returned orders.

Failed Deliveries, Returned & Missing Packages

If a package(s) are confirmed delivered by the mailing service but the customer cannot locate the package(s), Benny’s must be notified within 7 business days of the marked date of delivery for a claim to be submitted. You agree by using the site to purchase a Benny’s product that their sole remedy for a missing package is to file a missing package claim with the carrier of record to request reimbursement. You are also free, at their own discretion, to file a claim with their personal property insurance. You agree that Benny’s is not liable for missing packages that are successfully delivered.

Prohibited Conduct

You represent and warrant that: you will perform under these Terms in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.

You may not, and you will not allow any third party to:

  • modify, alter, reverse engineer, or create derivative works of this Site or its Contents;
  • distribute to third parties or publicly display its Contents or use any portion thereof for commercial purposes, except as expressly authorized;
  • scrape, copy, download, use, or distribute (whether or not for commercial purposes) any other user’s personal information;
  • send other users of the Site spam, surveys, contests, chain letters, pyramid schemes, or other unsolicited bulk or junk messages;
  • remove, modify, or obscure any copyright, trademark, or other proprietary notice;
  • attempt to (i) gain access to any portion of this Site for which you do not have authorized access, (ii) interfere with or interrupt the operation of this Site (including without limitation through denial of service attacks), or (iii) harm Benny’s or any user of this Site, through hacking, data mining, the use of viruses or other malware, or any other means;
  • or otherwise use or access this Site, its Contents, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.

Areas of the Site may have different terms of use posted. If there is a conflict between these Terms and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Electronic Communications

You agree to receive communications from us electronically (via email). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

Mobile Message Service Terms and Conditions

Benny’s offers a mobile message service (the “Mobile Service”) in order to update you about orders, you account, or our other offerings. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Benny’s Mobile Service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.), and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of Benny’s via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Benny’s. Your participation in this Mobile Service is completely voluntary.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to [insert number from which SMS messages are sent] . Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Benny’s mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to [insert number from which SMS messages are sent].

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Indemnification

You agree that you remain responsible for the content that you submit or send using the Site. You agree to indemnify, defend and hold harmless Benny’s and its affiliates, and their employees, contractors, directors, managers, officers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising directly or indirectly from, or in connection with any claim, suit, or action relating to: (i) your Comments; (ii) your use of the Site; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms. Benny’s reserves, and you grant to us, the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Benny’s. This indemnification section will survive any termination or expiration of these Terms.

Disclaimer of Warranty; General Conditions

The Site and all content therein, and any products and services offered through the site, are provided on an “as-is” and “as-available” basis, without warranty of any kind. Benny’s and its licensors and suppliers expressly disclaim and exclude to the fullest extent permitted by law any and all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Benny’s does not warrant or make any representations of correctness, completeness, accuracy, reliability, availability, support, timeliness, safety, or performance with respect to the use of the Site or its content. Benny’s makes no warranty that the Site or the products or services will meet user’s needs or be error free or accurate. Any representation or warranty not expressly contained herein will not be enforceable.

We reserve the right to refuse service and/or access to the Site to anyone at any time.

Benny’s shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by Benny’s will be available and free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and related services, and supersedes and merges all prior discussions between the parties. The rights and remedies provided to Benny’s in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. You may not assign or delegate your rights or duties under these Terms without Benny’s express prior written consent. Benny’s may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns.

Headings herein are for convenience of reference only and shall not affect interpretation of these Terms.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BENNY’S OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER BENNY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BENNY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Privacy Policy

Benny’s is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Our Privacy Policy, which is posted on the Site, is expressly incorporated into these Terms by reference. It is available at https://bennyseyewear.com/pages/privacy.

Modifications to the Site and these Terms

From time to time, we may change: (i) these Terms; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) the equipment, hardware or software required to use and access this Site; and (iv) prices for items available on the Site. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, or any items available on the Site.

Any new products, and any new web features or tools, which are added to the current Site will also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our Site. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes and are prohibited from using this Site in a manner that is contrary to or in violation of these Terms.

DISPUTE RESOLUTION PROCESS

PLEASE READ THIS ENTIRE DISPUTE RESOLUTION PROCESS SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.

THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION PROCESS SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND BENNY’S OR OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THE SITE, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY BENNY’S AND/OR TO THESE TERMS OF USE.

The provisions of this Dispute Resolution Process section apply to you and Benny’s and its affiliates and related entities. This entire Dispute Resolution Process section shall survive termination of this agreement or the parties’ relationship or the end of your use of this Website.

Mandatory Informal Pre-Suit Resolution

Benny’s values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to Benny’s by email at legal@bennyseyewear.com within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for Benny’s to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

You and Benny’s agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Benny’s request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and Benny’s agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.

Binding Arbitration; Class Action Waiver; Governing Law; Forum Selection

You and Benny’s agree that any dispute arising out of or related to this Agreement or your use of the Site, including, but not limited to, your purchase or use of products through the Site, will be governed by the laws of the State of Michigan, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and BENNY’S agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Site including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.

This arbitration will be conducted in the English language. The decision of the Neutral will be final and binding on the parties and judgment on any award(s) rendered by the Neutral may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The Neutral shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the Neutral may be entered in any court of competent jurisdiction.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THIS SITE OR PRODUCTS OFFERED THROUGH THE SITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND BENNY’S EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Any claims must be brought within one year of each applicable invoice or will otherwise be barred.

Any claims not subject to arbitration under this Agreement must be brought in Oakland County, Michigan and will be governed by the laws of the State of Michigan without regard to its conflict of laws rules. By using the Site and agreeing to these terms, you waive any argument regarding improper venue.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service is provided by Benny’s Eyewear, LLC and / or its subsidiaries and is owned and operated by Benny’s Eyewear, LLC. If you have a question or complaint regarding the Site or our services, please contact Customer Service either by email at customerservice@bennyseyewear.com or you may also contact Us by writing to Benny’s Eyewear, LLC , Attn: Legal, 1221 Bowers Street, P.O. Box 27, Birmingham, MI 48012. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Force Majeure

Benny’s will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Benny’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Benny’s.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Benny’s reserves the right to assign its rights and duties under this Agreement, including in a sale of Benny’s or its Website.

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

Contact Us

If you have any questions about these Terms or would like to reach us for any other reason, you may contact us by email at customerservice@bennyseyewear.com.