General Terms and Conditions

Terms and Conditions of Use

Before using any of the Services, please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site, on the App, or as otherwise made available to you by us. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition of your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and Munkel Online to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, contact us at legal@munkelonline.com.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION AGREEMENT” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND FOR ANY DISPUTE BETWEEN YOU AND MUNKELONLINE. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND MUNKEL ONLINE THAT IN ANY WAY RELATE TO THESE TERMS OF USE OR YOUR USE OF OUR SITES WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO THE COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS CLASS ACTION.

Customer Obligations

By placing your order with Munkel Online, you confirm that:

The Site is a general audience site available to users who can form legally binding agreements under applicable law and is not intended for use by anyone under the age of 13.
You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any activity.
You must be age 18 or older to create a Munkel Online account and use our service.
You must make sure that all your information,as well as your beneficiaries, is correct, including name, phone number, email address, mailing address, and postal code. You shall take responsibility if the information you provide is incorrect.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.

We offer the Services only for personal, and noncommercial use, but all the Services can be for the use or benefit of any third party defined and well-identifiedper the information provided. These Services will be availableonly at the locations authorized and listed by Munkel Online and its strategic partners’network.

You may be able to navigate some of the Services without creating a user account (”Account”), but certain Services (like making a purchase) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or your device in connection with the services. Similarly, for any Services that you can access without creating an Account, you are solely responsible for any activity that occurs through your device in connection with the Services. For Us to provide you with the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which We will not be responsible.

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how We collect and use your information.

Selecting Your Munkel Online Eyewear Package

a) CHECK OUR CATALOGUE: Explore our website to find the perfect package for your family, friends,or any other beneficiaryin Nicaragua or any other location available. All the product descriptions and pictures on our website are either accurate or as a general reference to the final product, brand, or selection. You can explore all the options available by bundle, price, andbrands among other searching criteria.

b) PURCHASE ONLINE: Select your item and complete the purchase using our secure platform completely online. All the products shown on our website are subject to availability. We promise to process your order as soon as possible.

c) PAYMENT INFORMATION: After you have made your selections and provided your personal and beneficiary information, you will see a prompt for your payment details. By entering your payment information and submitting your order, you authorize us (through our third-party payment processors) to charge the amount of the order to your selected payment method. Additionally, the entry of your payment information and order submission constitutes your express informed consent that the total purchase price for a custom order shall be charged to your payment method.

d) PICK UP IN NICARAGUA: Your loved one in Nicaragua or any other beneficiary can go to any listed location in Nicaragua for an examination(to get anupdated prescription), select the frames and lenses including special treatments and accessories, or any other upgradeto be included in addition to the original order under the beneficiary responsibility.

e) DELIVERY: Once the order is fully processed, the beneficiarywill be notified to pick it up at the location selected.

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if further information is necessary to take your order. If your order is canceled after your credit card (or other payment method used) has been charged, we will issue a credit to your credit card (or other applicable payment method) in the amount of the charge.

Communicating with Munkel Online

a) TEXT MESSAGES: By opting in to receive text messages from Munkel Online or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages and or via WhatsApp), some of which may be considered marketing under certain laws. You also represent that you are the owner or authorized user of the mobile device you use to subscribe to the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply. You can opt out of receiving text messages from Munkel Online at any time by texting “STOP” from the mobile device receiving the messages. For additional help, you can contact us at xxx.xxx.xxxx or privacy@munkelonline.com. All the customers can purchase without agreeing to receive texts from Munkel Online, and there are many other ways you can communicate with our customer service team, like phone, live chat, and emailamong others.

b) SECURITY: We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from Munkel Online are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive any sensitive information you do so at your own risk. By texting us or requesting that we text you, you consent to receive unencrypted text messages from Munkel Online. Likewise, by emailing us or requesting that we email you, you consent to receive unencrypted email messages from us. Worried about texting or sending anything sensitive? You can always email us or call our customer service hotline on xxx.xxx.xxxx.

Checking Order Status

After placing the order using the Munkel Online website, the tracking process of the order starts, and communication with the customer and the beneficiary will be made using the contact information provided. There are several steps to be aware of during the processing and customer service at the store selected. Once the order is confirmed, then when the beneficiary has scheduled the appointment for examination and final selection of the eyewear, the following stages are when the order has been processed and ready to deliver, and finally when the beneficiary picks it up with the total satisfaction and after receiving all the explanation of the warranty coverage.

Product, Service, and Technical Information on the Site; Product Availability

We provide products and services for purchase. We have made a conscientious effort to display and describe the Products, Services, and related specifications available on the Site accurately based on the information we receive. We do not guarantee that the product images, services, or specifications displayed on the Site are or will remain accurate. The display of a product or service on the Site does not mean the product or service is or will be available. We do not guarantee the availability of any items for purchase, and we may revise and discontinue the availability of any item at any time. In the event an item is not available at the time you place your order, it is our policy to send you a notice via your email address on record, that such an item is not available.

Munkel Online attempts to ensure the integrity and accuracy of the Sites, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites and content thereon. It is possible that the Sites could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. If an inaccuracy arises, please inform us so that it can be corrected. Munkel Online reserves the right to unilaterally correct any inaccuracies on the Sites without notice. Information contained on the Sites may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any non-Munkel Online affiliated third party.

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product/service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. If a product offered by our Sites is not as described, your sole remedy is to return it unused and with the full contents following our return policy (see “Return Policy” below for additional information).

Warranty disclaimers

Our sites, services, and any content or data related thereto are provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. we hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade.

No representations or warranties are made hereunder as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any services or content, data, results, or other information obtained or generated in connection with your or any user’s use of the sites or services. We do not guarantee that our sites will be free of bugs, security breaches, or virus attacks. Our sites may occasionally be unavailable for routine maintenance, upgrading, or other reasons. you agree that we will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, or overload of our or other servers. We do not warrant, endorse, or guarantee any content, product, or service that is featured or advertised on our sites by a third party.

We do not warrant, endorse, or guarantee any content that appears in a user submission and do not make any representation or warranty for, and disclaim all liability for, any such content.

You specifically acknowledge that we shall not be responsible for the user submissions or conduct (including defamatory, offensive, illegal, or negligent conduct) of any user and that the risk of harm or damage from the foregoing rests entirely with you.

Your reliance on, or use of, any user submission, or interaction with any site user, is at your sole risk. If you have a dispute with any site user in connection with the site or any user submission, you agree that we shall not be liable for any claims or damages arising out of or connected with such a dispute. We reserve the right, but have no obligation, to monitor any such dispute.

We do not and will not accept liability in cases where customers provide us with prescriptions not suited to their condition or prescriptions that are no longer valid in any applicable jurisdiction. We also reserve the right to not accept prescriptions that have been issued by any other service provideror physician. We highly discourage customers from using eyeglasses or contact lenses that are not suited to their prescription and encourage you to visit your eye doctor and optometrist periodically.

Except as expressly stated herein and in our privacy policy, we do not make any representations, warranties, or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of our sites.

The sites may include a chatbot functionality intended to provide general FAQ data in a chat-like communicative manner. it is agreed and acknowledged that any communication or information provided through such functionality is provided as general assistance only and that these terms of use shall precede and govern any conflicting information provided through such chatbot functionality.

Price and Payment

The price on our website is accurate and updated, but we reserve the right to any price changes without notice.
Payment must be made to place an orderand as a condition to start processing itwhile using any of the payment methods available.

Site Content

The website, and all the information on it, including texts, pictures, descriptions, designs, video clips, copyrights, trademarks, and/or other intellectual property (namely, the “Contents”), are owned, controlled, and licensed by Munkel Onlineand its strategic partners until further notice.

Return and Refund

We do our best to make returns and exchanges as simple as possible.

We are confident that any beneficiary will enjoy our eyeglasses and contact lenses. However, if they are not completely satisfied with the eyeglasses the following applies:

Return or exchange your items for free within 7 days from pick up(and concerning contact lenses, 14 days). Contact our customer service representative for detailed information.
You are entitled to a refund, or product exchange (of equal or lesser value item). No questions asked and hassle-free.
All our eyewear has a one-year warranty. You are free to contact our customer service representative to exchange or repair your eyewear. Please make sure you have the order number and other relevant information.

If eyeglasses are returned, they shall be returned in their unused, original, and merchantable condition and their original packaging, including all accessories such as case and cleaning cloth. If contact lenses are returned, they shall be returned unopened in their original, merchantable condition.

Refunds will be processed via the same method of payment used to order the Product (credit card, debit card, PayPal, etc.). Please allow up to 30 days from when we receive the item (for cancellations, 30 days from when the cancellation request was submitted), for the credit to appear in your account. Keep in mind that some refunds may take over 30 days from the purchase date to be processed.

Important Notes:

All store credits and exchanges are non-refundable.
Refunds will only be processed up to 90 days from the pick-up date.
Store credit is valid for 3 months from the date granted. The validity of store credit cannot be extended.
Store credit may not be used in conjunction with other discounts or promotions.
Munkel Online or any other authorized third party,reserves the right to require proof of error for an item returned more than once.
All return settlement requests that were submitted through the authorized channel and submission form are final and irreversible. This does not include further offers of store credits or exchanges accepted via a verbal agreement after submission. Acceptance of said offers is final and irreversible as well.

Cancellation Policy

Please note that canceling an order will only be possible while the order is in the earlier stages of production by submitting the request through the online RMA form. Once the order has been picked up, it cannot be canceled; however, you may still return the item for a refund or an exchange (of equal or lesser value item) upon receipt, subject to the terms of the Return policy.

Force Majeure

Both parties are not responsible for failure to fulfill the obligations if it results from Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disasters), war, invasion, acts of foreign enemies, or civil war.

Indemnity

You agree to defend, indemnify, and hold the MunkelOnlineparties harmless from any claims, damages, judgments, awards, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to any violation of these Terms by you or your authorized users, or in connection with your use of, or inability to use, our Sites or your purchases or placement or transmission of any message or information on our Sites by you or your authorized users or your violation of any law or the rights of a third party or your User Submissions.

Submitted feedback

It is our desire and pleasure to hear from our customers and welcome your comments regarding our products and services, including our Sites. We request that you comment specifically on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed and shall remain our property.

None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on our Sites or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.

Governing Law and Jurisdiction

All the Terms and Conditions shall follow the Law of the State of Florida in the United States and be submitted to the exclusive jurisdiction of the federal court.