Terms of Service
This website is operated by S. Rays, Inc. d/b/a Shady Rays. Throughout the site, the terms “we”, “us” and “our” refer to Shady Rays. Shady Rays offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, purchasing something from us and/or using our product, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card 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. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - 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.
SECTION 4 - 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.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We 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 also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - 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.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In regards to customer orders, please reach out to us within 15 days of delivery if an item is missing from your order. If it is reasonably determined that the item was missing from shipment, we will ship a new package with the missing item to you free of charge. Outside of 15 days of delivery per tracking number, missing items cannot be re-shipped.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
By using this website, you agree that Shady Rays has the right to control where and how its products may be sold. Unless you have entered into an independent sales agreement with Shady Rays to serve as a wholesaler or reseller of Shady Rays products, you are prohibited from reselling the products you purchase on ShadyRays.com on any other sales marketplace including but not limited to Amazon.com and eBay.com. No listings for new or unused Shady Rays products may be submitted to any such marketplace. Any such listing is unauthorized, unlawful, and in violation of these Terms of Service. We reserve the right to take all legal action for breach of contract (these Terms of Service) and other legal violations in the instance that Shady Rays products appear for resale on any sales marketplace, demand that any such listings be taken down, and demand that no future listings be submitted.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Shady Rays does not provide optometric, medical, or other professional services and is not licensed to practice optometry or medicine. None of the content on this website should be considered medical, optometric, or professional advice. You acknowledge and agree that Shady Rays does not provide medical advice, diagnosis, or treatment, and provides only a means to order eyewear in accordance with your existing eyeglass prescription.
Shady Rays must receive your eyeglass prescription to fulfill a prescription (Rx) order. Shady Rays shall take all reasonable precautions to ensure that all personal and/or health information is kept secure and confidential. You acknowledge and agree to the upload and transmission of your eyeglass prescription via this website.
Shady Rays will perform all reasonable efforts to verify your prescription in accordance with all applicable laws. You acknowledge and agree that all personal and/or health information that you have provided to Shady Rays is truthful, accurate, current, and complete including, without limitation, your uploaded and transmitted eyeglass prescription. You acknowledge and agree to maintain and promptly update any personal and/or health information to keep it truthful, accurate, current, and complete including, without limitation, your uploaded and transmitted eyeglass prescription.
Shady Rays will produce eyewear in accordance with the customer’s preferences and prescription. Prescription (Rx) eyewear must be matched specifically to each customer’s unique prescription. You acknowledge and agree that Shady Rays will not accept order cancellations, modifications, returns, or exchanges to prescription (Rx) orders for orders placed on or before 9/14/2021. As of 9/15/2021 Shady Rays will accept returns and exchanges for prescription products. The Shady Rays Optical Team will manually process these returns and exchanges via email.
Shady Rays provides its services as requested and will make no independent inquiry into the use or suitability of Shady Rays' products for a particular customer. Shady Rays generally disclaims any liability for the use or suitability of any eyewear purchased from us and that it accurately reflects the customer's true prescription or vision. You are advised to take reasonable caution in wearing and using eyewear, preventing excess exposure to harmful ultraviolet (UV) rays and otherwise take care that your vision is not in any way negatively impacted by your use of eyewear. If there are any issues as to your vision and the use or suitability of Shady Rays' products whatsoever, you are advised to see professional eye care advice from a physician, optometrist, or other medical practitioner before using our services.
In no case shall Shady Rays, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shady Rays and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – 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).
SECTION 17 - 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.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kentucky, USA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 21 - FEEDING AMERICA DONATION PROGRAM
As described on the product pages and homepage, every individual order donates 10 meals through Feeding America (FeedingAmerica.org). For clarity, 10 meals are provided for each order placed through ShadyRays.com or through our official Amazon.com listings only. This donation is not made for orders taken through any channel other than what was mentioned previously such as custom retail orders unless specific arrangements are made in writing between that 3rd party and Shady Rays.
In addition, no matter how many pairs/products are ordered in any particular order, only 10 meals - not more or less - will be donated per individual order. Note that the cost to supply 10 meals through Feeding America is subject to change, therefore the cost that Shady Rays pays to provide 10 meals fluctuates to provide that quantity of meals. Shady Rays does not donate 10 meals per order immediately after an order is placed, but records each sale and makes a bulk donation to reflect all outstanding customer orders every 30-90 days at its sole discretion.
Replacement purchases DO NOT provide a donation to Feeding America - Only standard product orders through ShadyRays.com and Amazon.com official company listings provide the donation. If a coupon code is used for an order, that does NOT affect the donation amount and the same 10 meals are donated no matter the total cost of any particular product order. Also, orders that are returned will deduct meals from our donations and therefore not be counted.
SECTION 22 - AUSTRALIA SPECIFIC OCEAN CLEAN-UP PROGRAM
Visitors to our site who are located in Australia will see detail on each product page which describes the fact that we clean up 160 plastic bottles from the ocean for each pair sold. Each pair of Shady Rays sunglasses sold in Australia will directly finance the cleanup of 160 bottles’ worth of ocean-bound plastic. That’s 2 kg (4.4 lbs), or over 50x the plastic present in the frames themselves. Each individual pair of glasses (excluding warranty claims) will provide the noted level of clean-up following the sale. We partner with a company called Verdn in order to provide this clean-up on our behalf. To learn more about our partnership with Verdn, please visit: https://verdn.com/clients/shady-rays/
SECTION 23 - COURIER SPECIFIC DELIVERY ERRORS
Once your order is packed and given to the shipping courier (USPS, UPS, Fedex, or DHL), the ultimate delivery of that package is expected but out of our direct control. If your order shows fulfilled in our system and shows delivered via courier tracking number but you do not have your product for any reason, we reserve the right at our sole discretion to determine if to re-ship your order. Our team may require an additional shipping fee in order to re-ship. In addition, approved re-shipments may not happen more than once per order. Lastly, all re-shipment requests must be made within 30 days of your order showing fulfilled in our system. After that time we are unable to re-ship under any circumstances. Please reach out to email@example.com if you need assistance with a shipment that has not arrived to you.
SECTION 24 - PRODUCT DISCOUNT APPLICATION
All discount codes and related promotional pricing are applicable only when applied specifically by the customer during the checkout process on shadyrays.com. Orders placed prior to a sale or other promotion will not be eligible for future sales or promotions, regardless of whether the order in question has shipped or has arrived to the customer. In addition, coupon codes that are valid during a particular purchase but not specifically input by the customer during checkout cannot be applied to that order after the sale is complete.