Terms and Conditions
Last Updated: January 3rd 2024
TERMS AND CONDITIONS
This “Website” and/or “Site” (www.goodr.ca) is operated by GOODR LLC (the “Company”)
If you do not agree with any of these Terms and Conditions, please do not use the Website.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Use of Website
The Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Company’s goods, items, products, and services and/or to otherwise transact business with or contact Company, on their own behalf (or, in the case of a gift or a bulk order transaction, on behalf of their intended recipients). These terms apply to your use of this Site. If you wish to become a commercial retailer please apply to be a retailer on sellgoodr.ca We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with the Company.
In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
You are solely responsible for maintaining the confidentiality of your Account information and you hereby agree to be responsible for all activities that occur under your Account. Further, you agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Please be advised that we reserve the discretion to terminate accounts, remove or edit content, or cancel orders. If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. Moreover, we will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
Confirmation of Order
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your Order to accept or decline your Order for any reason whatsoever, including but not limited to a determination of your intent to re-sell any purchased items commercially or otherwise, discount code abuse, or any fraudulent, illegal, or other illicit activities.
Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your Order.
Payment for Order
You must pay in full by debit, credit card or PayPal Secure Checkout in advance when you submit an Order through our Website.
Payment will be collected at the time of placing the Order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Company. If you are placing an Order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.
Pricing Information for Products
Company cannot confirm the price of an item until after your Order is placed. Pricing errors may occur on the Website. Company reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Company. Company may, at its discretion, either contact you for instructions or cancel your Order and notify you of such cancellation.
Unless otherwise specified in a published Return Policy page on our website, we do not accept returns for Canadian orders.
Please review our FAQs here: https://support.goodr.com/hc/en-ca
Orders cannot be cancelled once Company has begun processing the Order. However, should you wish to change or cancel your Order, you are welcome to message us to check whether the processing of an Order has commenced, and if it has not, we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes to or cancellation of an Order can only be made with Company’s prior written approval and additional charges may apply. Any agreement by Company to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Company to that point, and you agree that such amounts may be deducted from any payments previously made to Company. During routine website maintenance, any pricing issues may not be honored, and Orders may be cancelled and refunded when improper rates are applied. Accordingly, we encourage you to carefully check your Order before submitting it.
Quotes/Custom Orders/Changes Bulk Discount:
The prices displayed on this Website are in Canadian dollars and are valid and effective only in Canada. Additional shipping and other charges may apply for Orders outside of Canada, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your Order. Furthermore, while we do our best to assure that the taxes quoted for a particular Order are accurate for the applicable location to which the Order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your Order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your Order. We offer bulk discounts for Orders shipped within Canada. Please contact Company customer service for more information. For any Orders outside of Canada, please refer to our distributors’ sites available in Mexico, the United Kingdom, the United States, the European Union, Brazil, Philippines, Malaysia, and Australia.
Delivery will be deemed to have taken place at the time Company places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express, DHL, Hand Delivery) for customer delivery. Company is not responsible for lost, stolen or damaged goods once an Order leaves our possession.
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us (the “User Content”), and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your Order. By placing an Order and accepting these terms you are accepting any and all liability for any consequences of Company using the images you supply. Furthermore, by uploading, posting or submitting User Content to the Website or to our pages or feeds on third party social media platforms (e.g., our Facebook page, Instagram page, Snapchat, or Twitter feed), you hereby grant Company a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to our Website through pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Company to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Company to reproduce the images has been obtained.
We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Company’s marketing and promotional purposes including on Company’s social media account, unless specifically requested in writing by you not to do so.
In accordance with the Copyright Modernization Act of Canada we have adopted a policy of limiting access to the Website by, or terminating the Accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Website infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent:
Address: GOODR LLC, 300 N Oak St, Inglewood, California 90302
Please see the Copyright Modernization Act for the requirements of a proper notification.
You acknowledge that any and all of the content available through the Site, including, but not limited to, any of the text, graphics, music, software, sound, photographs, and or videos, ("Intellectual Property Rights"), whether created by us or supplied by third parties, is protected by copyright, trademarks, patents, or other proprietary rights and laws. Except as otherwise provided herein, nothing contained in these Terms or on the Site shall be construed as granting any license or right, whether express or implied, to any of our or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved. We reserve all rights not expressly conferred in these Terms.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
WHAT IS OUR 1-YEAR WARRANTY?
Our eyewear products are warranted for one years from the date of purchase against manufacturer’s defects in material and workmanship. Warranty is only valid with (a) valid order number within purchase date criteria and (b) email address used at the time of purchase.
EXAMPLES OF WHAT IS COVERED BY WARRANTY
· Delamination and/or peeling of sun lens coating
· Bubbles or imperfections in lens coating
· Premature flaking or deterioration of frame coating
EXAMPLES OF WHAT IS NOT COVERED BY WARRANTY
· Normal wear and tear (scratches or pit marks on sun lenses)
· Any damages caused by accident, abuse, neglect, shock, improper use or storage of product
· Damage caused by chemicals (hair spray, cologne, window cleaner, alcohol, etc.)
· Unauthorized modifications or repairs Loss of eyewear
(ALL WARRANTY CLAIMS ARE SUBJECT TO A CASE-BY-CASE EVALUATION AND WE MAY REQUIRE ADDITIONAL DOCUMENTATION)
All eyewear products are warranted against breakage due to material or workmanship defect for one year from the date of purchase with a valid receipt. goodr’s warranty program does not cover scratched lenses or lost sunglasses. Additionally, any alterations of goodr products (i.e., sunglasses fit with non-goodr lenses) will void warranty coverage. For all warranty claims visit the Return Center.
Other than as expressly provided above no warranty is given that the goods are suitable for the particular purposes intended by you.
THE WEBSITE AND THE PRODUCTS SHOWCASED ON THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. PLEASE NOTE THAT SOME JURISDICITIONS/APPLICABLE LAW PROHIBIT THE EXCLUSION OR LIMITATION ON CERTAIN IMPLIED WARRANTIES, INCLUDING THOSE NOTED ABOVE, OR THE EXCLUSIONS OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THAT YOU ARE SUBJECT TO SUCH JURSIDICITION/APPLICABLE LAW, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE PRODUCTS PROVIDE BY COMPANY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. FURTHERMORE, ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50.00) (USD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Submissions and Use of User Generated Content
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “Comments”) sent to the Website shall be and remain the exclusive property of Company. Your submission of any such Comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website, Content or products, items, goods, and services, (b) any User Content you create, post, share or store on or through the Website or our pages or feeds on third party social media platforms, (c) any Comments you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Websites or products, items, goods, and services provided to you. You agree to promptly notify Company of any third-party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
Applicable Law and Venue
These Terms and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and the International Centre for Dispute Resolution and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. YOU AND WE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL, AND ALSO THE RIGHT TO PROCEED IN A REPRESENTATIVE OR CLASS ACTION MANNER, AND CLAIMS WILL BE HEARD ON AN INDIVIDUAL BASIS ONLY BY A QUALIFIED ARBITRATOR. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright © 2023 Company. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
You may contact goodr by emailing us at email@example.com or mailing us at 300 N Oak St, Inglewood, California 90302.
Terms and Conditions