Vision Craft Private Limited, a private limited company duly incorporated under the provisions of the sub-section (1) of Section 5 of the Companies Act, 2006 (hereinafter referred to as ‘Company’) and having its registered office at Ward No.1, Durbar Marg, Mahanagarpalika, Kathmandu, Nepal. The Company is an e-commerce platform, www.visioncraft.com.np (hereinafter referred to as ‘Website’ singularly and as ‘Websites’ jointly) for its e-commerce activities. This Agreement for the Terms and Conditions of use of the Company’s Website/s (hereinafter referred to as ‘Agreement’) describes certain terms and conditions to access and use the Website/s of the Company by a visitor or a registered user and order products.

 

By using the website and/or registering yourself at www.visioncraft.com.np you authorize us to contact you via email, phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties. This Privacy Policy covers Vision Craft’s treatment of personally identifiable information that Vision Craft collects when a customer visits the VisionCraft website or uses VisionCraft’s services. This policy also covers VisionCraft’s treatment of any personally identifiable information that VisionCraft’s business partners share with VisionCraft. 

 

VisionCraft collects personally identifiable information when you register for a VisionCraft account, when you use certain products or services, when you visit the website, when you enter promotions as well as from our business partners. While registering on VisionCraft, certain particulars are required including your first name, last name, contact no, email, Date of birth, gender, address. During registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, notifications, and other services to your wireless device. By registration you authorize us to send sms/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us.

1. ACCEPTANCE OF TERMS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. 

 

You expressly agree to be bound by this Agreement, irrespective of whether you are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, you agree to be bound by the terms and conditions detailed here under. The Company recommends that, irrespective of whether you are a visitor or a registered member who proposes to utilize the service provided by the company, to carefully read all the terms and conditions as provided herein. 

 

Your acceptance of this Agreement and utilization of services implies and you expressly and implicitly represent to the Company that you are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind you and your parents to this Agreement. 

 

The Services made available on or through this Website has been made available to you for the specific purpose of enabling users to purchase products such as eyewear, contact lenses and accessories. 

You are strictly prohibited from unauthorized use of our systems or this website/s, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website. 

You acknowledge that the Company may disclose and transfer any information that you provide through this website to 

(i) our affiliate or information providers, 

(ii) to any third party for purposes including promotion, or any other marketing activities, or

(iii) if we are legally bound to disclose any information due to compulsions under law. 

You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website you agree to such transfers. 

 

You are responsible for being familiar with the current version of these Terms and Conditions posted on the website during each session. By the continued access of this website or the services, you implicitly agree to be bound by the revised terms and conditions. 

 

2. DESCRIPTION OF SERVICE AND PRODUCTS

 

The Company provides an opportunity for you to purchase the Products and upon placing order, the Company shall ship the product to you and will be entitled to its payment for the services. 

All products and information displayed on the website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject your offer at its sole discretion which cannot be contested by you. 

The Company, to the best of its knowledge, has displayed or attempts to display on the website/s as accurately as is possible, colours of the products that is displayed on the website/s. However, the colours visible to you is solely dependent on your monitor. Hence, no guarantee is provided by the Company regarding your visibility of the colours on the website/s. 

 

The Company currently offers you eyewear through its website www.visioncraft.com.np. The Company offers a large selection of eyewear products and accessories

 

3. CONFIDENTIALITY OF  INFORMATION REQUIRED FROM YOU

 

Upon your acceptance of agreeing to be a member and avail services from our website/s, we would request you certain basic information for registration. Once you provide us with the details, we would request you for additional information in order to provide you with the services. All information provided by you will be treated as private and confidential. The same is more fully detailed under clause in privacy policy. 

 

4. PRICING AND PAYMENT

 

(a) The prices for Product/s are described on the website/s and are incorporated into these terms by reference. All prices are in Rupee. The prices, products and services are subject to change at the Company’s discretion. 

(b) The Company will use its best efforts to ensure that the accuracy of the prices and price related information stated on the website/s. The Company does not make any representation that the prices quoted on the website/s will match the offers provided by stores. 

(c) In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify you of the error before your payment is processed. You will then have the choice to either accept the correct price or to cancel your order. 

(d) The Company accepts the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking and Khalti b) Cash on Delivery and Card Payment on delivery.

(e) The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. 

(f) In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of product/s, collection charges, attorney’s charges etc.from a user using the website/s fraudulently. 

Vision Craft reserves the right to initiate legal proceedings against such persons for fraudulent use of the website/s and any other unlawful acts or acts or omissions in breach of these terms and conditions.

 

5. DELIVERY, CANCELLATION AND RETURNS

 

(a) The Company will make the delivery on a ‘best effort’ basis after acceptance of your order.  

(d) The Company will communicate the dispatch details to you and will ship the Product/s to the mailing address provided by you while placing the order. If you do not receive the product/s within a reasonable period of time, you should immediately notify the Company. 

(e) You have an obligation to forthwith check the product/s for accuracy upon receipt of the same. 

(f) The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to you. Any such cancellation shall be at the sole discretion of the Company and you will have no right to contest the same. 

(g) In the event you desire to cancel any order, then, such cancellation must be done prior to the dispatch of the product/s to you. Once dispatched, the Company will not accept any cancellation request from your end.

(h) Each product is delivered with a security tag. In the event of return of any order, the sticker as well as the security tag should not be removed. No return shall take place in the absence of any such security tags, sticker and invoice, when required.

(i) The company follows a 7-Days NO QUESTIONS ASKED Policy, which shall be available only if the security tag as well as the sticker is not removed from the product.

(j) The above-mentioned policy is extendable beyond 7 days, upon the sole discretion of the company. 

(k) No product shall be returned/exchanged if it has been damaged in any manner.

Company reserves the right to handle and provide different facilities to different customers and shall not be answerable for the same. 

6. THIRD PARTY AGENTS

 

As part of availing the Services, you as a member will provide us your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom you have an account, bank with or have created certain liabilities. The Company does not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc. 

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7. REGISTRATION AND USE

 

The Company will send all correspondence, notices and any other communication to the e-mail address furnished by you. In case of any change in the said email address, it is your duty to update or change the same. The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

8. LEGAL USES

 

You understand that you are authorized to access and use the services only for legal and lawful purposes. 

You further undertake and state that by using the services you are in no way impersonating or misrepresenting any person or entity. All services availed are for yourself only. In the event you are representing individual/s, company/ies, third parties or any entities, you undertake and state that you are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in anyway to any person or entity. 

Any changes in your registration information must be duly updated by you. 

Your access and use of this website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the website or other actions that the website, in its sole discretion, may elect to take. 

As a user of the website, you agree that your access will be subject to these terms and conditions and that access is undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access the website.

9. COMMUNICATION

 

The Company may send you communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to you. Please be informed that you have agreed to receive any type of communication including but not limited to emails, SMS, phone calls from us that is transactional, promotional & informational in nature. As such any communication from our end will be related to the services and not any marketing or spam mails. Changes to your email address will apply to all of your alerts. 

Any email which is sent by the Company or through any of the websites mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If you are not the addressee you may not copy, forward, disclose any part of any message received or its attachments and if you receive a message in error, please delete the said message from your system and notify us immediately. 

You agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via the Internet could be intercepted, corrupted, lost or contain viruses. The Company and the website therefore does not accept responsibility for any errors or omissions in messages received by you which may arise as a result of internet transmission.

10. RIGHTS GRANTED BY YOU

 

• As the provision of services includes you providing us with information, data, passwords, usernames, personal identification numbers and other materials and contents, suggestions, ideas, feedback, etc., You are hereby expressly granting us the license and right to utilize the same for and on your behalf in order to provide the Services. 

• You acknowledge and agree that these materials, suggestions, feedback and information can be utilized without any obligation or restriction on the Company in terms of payment of fee or any other limitations for marketing, promoting, advertising or other purposes. 

• You authorize the Company to access your accounts maintained by identified third parties, on your behalf as your agent. When you use the specified feature of another additional account of the Service, you will be directly connected to the website for the third party you have identified. You hereby authorize and permit the Company to use the information submitted by you to the service (such as account passwords and usernames) to accomplish the foregoing.

11. TRADEMARK, COPYRIGHT AND RESTRICTIONS

 

You acknowledge and agree that this website and any necessary software used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. 

You acknowledge that the entire website and its contents including the software is owned or duly licensed to the Company Vision Craft and are protected by the Copyright laws in Nepal and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this website are registered to and/or owned by their respective owners. Nothing on this Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the Company or the respective owners. 

You may download or print a copy of the information provided on this website for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.

12. PROHIBITED ACTIVITIES

 

You agree NOT to do the following: 

(a) upload, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable; 

(b) impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts; 

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Site; 

(d) Collect or store personal data about other users; 

(e) Interfere with or disrupt the Website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; 

(f) Intentionally or unintentionally violate any applicable local, state, national or international law; 

(l) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. 

13. PRIVACY POLICY

 

The Company knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We let you retain as much control as possible over your personal information. Our most important asset is our relationship with you. We are committed to maintaining the confidentiality, integrity and security of any personal information about our users. We are proud of our privacy practices and the strength of our site security and want you to know how we protect your information and use it to provide you the services. By visiting this website, you are accepting the practices described in this Privacy Policy. 

 

(a) Information You Give Us:

We receive any information you enter on our website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future commercial transactions, improving our database, and communicating with you and utilising/exploiting/disclosing, promotion and other purposes without prejudice to any of your other rights, the same for any other, whether commercial or non-commercial purpose which the Company in its sole discretion considers necessary for its business purposes or otherwise. 

 

(b) Automatic Information:

We receive and store certain types of information whenever you interact with us. Our server logs your activities for various diagnostic and analytical purposes. However, other than the IP address of your machine from where you are accessing the service, there are no other personal information maintained by the Company in the logs. 

 

(c) Business Transfers:

As we continue to develop our business, we might be acquired completely or merge with any other Company. In such a case, we will intimate to you of the same and ensure the protection of your information as per these policies and guidelines. 

 

(d) Protection of the Company and Others:

We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and other similar matters.

14. DISCLAIMER OF REPRESENTATIONS, WARRANTIES OR LIABILITIES

 

THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS WEBSITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THIS WEBSITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. 

THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THIS WEBSITE OR (ii) OF THE SERVICE AND PRODUCTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOY THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION., ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

15. INDEMNITY BY YOU

 

You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you, any misrepresentation or misuse of the service offered to you or any negligent or unreasonable or inappropriate use of the website or the services.

16. TERMINATION CLAUSE

 

This Agreement to be applicable and shall be binding on the parties, i.e., you and the Company, unless terminated as specified below: 

(a) closure of your account by the Company or you for any reason immediately; 

(b) The Company may terminate this Agreement and close your account if it comes to the knowledge of the Company that you have breached any of these terms and conditions, whether intentionally or by implication; 

(c) The Company may terminate the Agreement, it is so required to be one by an express direction of law. 

 

17. JURISDICTIONAL ISSUES/APPLICABLE LAW

 

The Company controls and operates this Website/s from its registered office in Kathmandu, Nepal and makes no representation that these materials are appropriate or available for use in other locations. This Agreement shall be treated as though it were executed and performed in Kathmandu, Nepal and shall be governed by and construed in accordance with the local domestic laws of Nepal (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Kathmandu, Nepal. All disputes that may arise shall be resolved in accordance with rules specified under the Arbitration Act, 2055 (1999) and the venue for arbitration shall be Kathmandu, Nepal. The courts in Kathmandu, Nepal shall have the sole jurisdiction regarding the subject matter of this Agreement. 

18. MISCELLANEOUS

 

(a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. 

(b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way. 

(c) Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.