1. About these terms
These Terms form a legally binding agreement between you ("you", "customer") and the operator of the Store (defined below). They govern your access to and use of the website at store.proeyeexam.com, and any purchases you make through it.
If you do not agree with any part of these Terms, please do not use the Store or place an order.
2. Who we are
The Store is operated by Dr. Roxanna Gangi, Optometrist, doing business as Pro Eye Exam, located in Toronto, Ontario, Canada. References to "we", "us" or "our" in these Terms mean Pro Eye Exam.
You can contact us at hello@proeyeexam.com.
3. Eligibility & accounts
- You must be at least 18 years old, or the age of majority in your province, to place an order.
- You agree to provide accurate, current and complete information when ordering or registering, and to keep your account details up to date.
- You are responsible for safeguarding your password and for any activity that occurs under your account.
- We may suspend or close accounts that we reasonably believe are being used to violate these Terms or applicable law.
4. Medical disclaimer
The products and content on the Store are provided for general wellness and eye-comfort support. They are not a substitute for a comprehensive eye examination, diagnosis or treatment by a licensed optometrist, ophthalmologist or other qualified healthcare provider.
If you experience pain, sudden vision changes, persistent redness, discharge, or any other concerning eye symptoms, stop using the products and seek professional medical care promptly. Do not use products beyond their expiry date or contrary to the manufacturer's instructions.
5. Products, pricing & availability
- Product descriptions, ingredients and images are provided for reference. We try to keep this information accurate, but we do not warrant that it is always error-free or current.
- All prices are shown in Canadian dollars (CAD) and may change at any time without notice. The price you pay is the price displayed at the time you complete checkout.
- Products are subject to availability. We may limit quantities, discontinue products, or refuse orders at our discretion.
- In the event of an obvious pricing error, we may cancel the affected order and refund any amounts paid.
6. Orders & acceptance
Submitting an order is an offer by you to purchase the items in your cart at the prices and on the terms displayed at checkout. A contract of sale is formed only when we send you an order confirmation by email.
We may decline or cancel an order, in whole or in part, for any lawful reason — including suspected fraud, payment failure, an obvious pricing or stock error, or a shipping address we cannot serve. If we cancel an order you have already paid for, we will refund the amount charged.
7. Payment & taxes
- Payment is processed at checkout by our third-party payment providers. By providing payment information, you authorize us (and our processors) to charge the total order amount.
- Applicable taxes (such as HST/GST/PST) are calculated based on your shipping address and added to your total at checkout.
- You are responsible for any bank fees, currency conversion charges or other costs imposed by your card issuer.
8. Shipping & delivery
- We ship across Canada. A flat shipping rate of CAD $12 applies to most orders. Orders with a pre-tax subtotal over CAD $100 qualify for free standard shipping.
- Local delivery may be offered in the Greater Toronto Area at rates shown at checkout.
- Estimated delivery times are provided in good faith but are not guaranteed. Risk of loss and title for items pass to you upon delivery to the carrier.
- You are responsible for providing an accurate shipping address. Re-shipment of orders returned due to an incorrect address may incur an additional shipping charge.
9. Returns, refunds & exchanges
- Unopened items: may be returned within 60 days of delivery for a refund to the original payment method, less any original shipping cost.
- Opened personal-care items (such as eye drops, lid wipes, supplements and masks that contact the skin or eye area) are non-returnable for health and safety reasons, unless defective.
- Defective or damaged items: contact us within 14 days of delivery with photos and your order number, and we will arrange a replacement or refund.
- Manufacturing defects are covered by a one-year exchange policy from the date of delivery.
- Return shipping costs are the customer's responsibility unless the return is the result of our error or a defective product.
10. Subscriptions
- Some bundles can be purchased on a recurring subscription (e.g. every 1, 2 or 3 months). By starting a subscription you authorize us to charge your saved payment method at the chosen cadence until you cancel.
- Subscription prices in effect at the time of each renewal will apply. We will give you reasonable notice of any price change before it takes effect.
- You can pause, skip or cancel a subscription at any time from your account, up to 24 hours before the next scheduled shipment. Shipments already in fulfillment cannot be stopped.
11. Coupons & promotions
- Coupons and promotions are valid for the period and on the conditions stated. They cannot be combined unless we state otherwise, have no cash value, and may not be resold.
- We may cancel or recover the value of a coupon that has been obtained in violation of these Terms or applied fraudulently.
12. Intellectual property
All content on the Store — including text, images, logos, brand names, product photography, layout and code — is owned by Pro Eye Exam or its licensors and is protected by Canadian and international intellectual-property laws. You may not copy, reproduce, scrape, republish or use any of that content for commercial purposes without our prior written consent.
13. Acceptable use
You agree not to use the Store to:
- break any law, infringe any third-party right, or attempt to defraud us or another user;
- attempt to gain unauthorized access to any account, system or data, or interfere with the operation of the Store (including via scraping, denial-of-service, or vulnerability probing without authorization);
- upload or transmit malicious code, or use automated tools to place orders.
14. Warranties & disclaimers
Except as expressly stated in these Terms or required by applicable consumer-protection law, the Store and the products sold through it are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Store will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected.
15. Limitation of liability
To the maximum extent permitted by law, Pro Eye Exam and its directors, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Store or any product purchased through it.
Our total aggregate liability arising out of or relating to a given order will not exceed the amount you paid for that order.
Nothing in these Terms limits any liability that cannot lawfully be limited, including liability for fraud, gross negligence or personal injury caused by our negligence.
16. Indemnification
You agree to indemnify and hold harmless Pro Eye Exam from any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Store, or your violation of any law or third-party right.
17. Privacy
We collect and process personal information in accordance with Canadian privacy law (including PIPEDA) and our Privacy Policy. By using the Store, you consent to the collection, use and disclosure of your personal information as described in that policy.
18. Changes to these terms
We may update these Terms from time to time. The version published on this page, with the "Last updated" date above, governs your use of the Store. Material changes will be communicated by email or by a notice on the Store before they take effect.
19. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Toronto, Ontario will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where mandatory consumer-protection laws require otherwise.
20. Contact us
Questions about these Terms, an order, or a return? Reach out to us at hello@proeyeexam.com and a member of our team will get back to you.