Terms And Conditions

Terms and Conditions

Welcome to FuzWeb!

The terms and conditions of using FuzWeb and all associated services are outlined in this Agreement. Accessing, browsing, or otherwise using the Site indicates that you agree to the terms and conditions. Please read this Agreement carefully before proceeding. FuzWeb reserves the right to change all terms and conditions of this website at any time.

 

1 Order Acceptance

1a) FuzWeb reserves the right to modify or change prices of products and shipping costs at any time.

1b) FuzWeb reserves the right to modify or change tracking numbers at any time and will notify customers of any modifications to their tracking information.

1c) Once any item purchased from FuzWeb is deemed as being in transit, FuzWeb is not responsible for delays resulting from Natural Disasters, Pandemics,  Ground Logistics strikes or flight cancellations. Furthermore Estimated Times of Delivery are estimated time frames that under normal circumstances are fairly accurate.

1d) FuzWeb also does not guarantee Estimated Arrival Times when individual government rules and regulations are newly updated and delivery of merchandise is delayed as a consequence.

1e) Upon receipt of merchandise, customers must inspect items and inform us immediately if there is any sort of discrepancy in their order.

1f) Once orders have been confirmed as being delivered, customers have 14 days to contact us about obtaining refunds, returning or exchanging goods except prescription lenses. Prescription lenses are non-refundable except if the error is ours.

1g) Customers are aware that they are purchasing eyeglass frames and lenses from various warehouses across the Asian Continent. 

1h) Customers are aware that entering prescription data manually into the system and not providing a hard copy of their prescription absolves FuzWeb of any responsibility in the event the customer did not enter the correct values at the time of purchase.

1i) Customers are aware that it is the customers responsibility to contact FuzWeb about any questions or concerns about their prescription data and accuracy prior to items being shipped out. 

1j) Customers in the USA must provide a valid email address for shipping information as new regulations within the USA prevent merchants from sending tracking information via SMS text notifications.

 2 Pricing in Different Currencies

2a) Pricing of products sold by FuzWeb is based upon figures calculated in U.S. Dollars (US$).

2b) Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates.

2c) Denominations of currency on the site, other than on the individual product page, may not be the most current.

2d) Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages.

2e) The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay in US dollars to FuzWeb, excluding shipping.

3 Use of FuzWeb:

3a) To be eligible to use the Services and accept the Terms, you must be at least 16 years or older based on the age of majority in your jurisdiction.

3b) You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you, regardless of whether or not you authorized such access to and use of this site.

3c) You acknowledge and agree that FuzWeb may amend any Terms at any time by posting the relevant amendment and restated Terms on the Site.

3d) By continuing to use the Site, you agree that the amended Terms will apply to you.

3e) The Terms may not otherwise be modified except in writing by the Executive Director of FuzWeb.

3f) FuzWeb can and will ship from different warehouses.

3g) For orders with more than one item, we may split your order into several packages, each of which will have its own tracking number, or we will combine them into one package at some point in transit, according to warehouse optimal logistics and at our own discretion.

 

4 Mistaken Returns:


4a) Ensure you enclose the correct and complete item (s) when making a return. The correct item (s) must be returned to receive a refund.

4b) FuzWeb does not store items mistakenly sent to us and instead donates, or recycles them, when appropriate and possible.

4c) FuzWeb cannot guarantee your item will be found and returned, and no compensation is provided for incorrect items sent to FuzWeb.

5 Returns:

5a) All returns must be verified by FuzWeb prior to being shipped back.

5b) All return claims must be submitted before 14 days after delivery confirmation.

5c) All returns must have a trackable return tracking number and be traceable including confirmation of return delivery.

5d) Returns must be inspected for original contents, wear, damage or use prior to refund or credit being released.

5e) All initial shipping costs are non refundable. If you are returning what you ordered only the cost of your item will be refunded. 

5f) Once an order is deemed to be in transit either when shipped by FuzWeb or returned by the customer, FuzWeb has no physical access to it.

5g) FuzWeb assumes no liability if returned items are lost in transit.  Local postal courier services have insurance for customers in the event of items lost by their couriers. It is the customer responsibility to track returned to sender packages and provide return to sender delivery confirmation.

5h) If Customers provide incomplete or inaccurate shipping addresses with missing apartment numbers or incorrect zip codes, or if items are returned to sender because the customer was not home and did not make any attempt at acquiring their packages from the courier afterwards, FuzWeb is not obliged to refund customers nor is FuzWeb obliged to replace these items for free.

5i) If Customers change addresses while awaiting package delivery, it is their responsibility to advise their local postal service of the updated address. Packages that are returned to sender or destroyed / disposed of due to an incorrect address cannot be confirmed returned to sender thus rendering the refund policy null and void.

 

6 Customer Accounts

6a) Users or Customers must be registered on the Site to make purchases.

6b) Except with FuzWeb’s approval, one User or Customer may only register one-member account on the Site.

6c) FuzWeb may cancel or terminate a User’s member account if FuzWeb has reasons to suspect that the User has concurrently registered or controlled two or more member accounts.

6d) FuzWeb may reject Customer’s application for registration for any reason.

6e) Users must register with either a valid email address and or current phone number for logistics delivery purposes only.

6f) Upon registration FuzWeb shall assign an account and you will be able to choose a password (the latter shall be chosen by a registered User during registration) to each registered User/Customer. 

6g) The set of Customer Email and password is unique to a single account. No Customer may share, assign, or permit the use of his or her Customer account, email or password by another person outside of the Customer’s own business entity. Customers and or Users agree to notify FuzWeb immediately if you become aware of any unauthorized use of your password, your account or any other breach of security involving your account with FuzWeb. 

6h) FuzWeb does not have access to customer passwords or other security information. 

6i) Customers agree that all activities that occur under their accounts, including without limitation, the posting of any FuzWeb product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Customer. 

6j) Customers acknowledge that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to FuzWeb or other Users of the Site and will result in immediate cancellation of the account. Customers shall indemnify FuzWeb, directors, employees and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Customer also agrees that in case of the multiple use of your account or Customer’s failure to maintain the security of your account, FuzWeb shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Customer’s account without liability to the Customer.

7. Customer’s Responsibilities

7a) Each Customer represents, warrants and agrees that they have full power and authority to accept the Terms in this Agreement. 

7b) Each Customer agrees that they will be required to provide information or material about your entity as part of the registration process on the Site in order to make a purchase. 

(i) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and

(ii) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete. 

7c) Upon becoming a Customer, you consent to authorize FuzWeb to store and use your information in accordance with the Privacy Policy.  

7d) Each Member further represents, warrants and agrees that you shall:

(i) carry on your activities on the Site in compliance with Canadian laws and regulations; 

(ii) carry on your activities in accordance with the Terms and any applicable additional agreements; 

(iii) not use the Site to defraud any person or entity; 

(iv) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; 

(v) not engage in spamming or phishing; 

(vi) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities; 

(vii) not involve attempts to copy, reproduce, exploit or expropriate FuzWeb’s various proprietary directories, databases and listings; 

(viii) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; 

(ix) not involve any scheme to undermine the integrity of the data, systems or networks used by FuzWeb and/or any user of the Site or gain unauthorized access to such data, systems or networks;

(x) not engage in any activities that would otherwise create any liability for FuzWeb. 

7e) Customers may not use the Services and member account messaging to engage in activities which are identical or similar to FuzWeb’s e-commerce business. 

7f) Customers agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for FuzWeb’s provision of the Services, evaluating whether Customers have breached the Terms and/or handling any complaint against the Customer. 

7g) Customers acknowledge and agree that FuzWeb shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Site. FuzWeb does not endorse, verify or otherwise certify the contents of any comments, photos or other material or information made by any Customer. 7h) Each Customer is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

8. Breaches by Customers

8a) FuzWeb reserves the right in our sole discretion to remove, modify or reject any User Content that you submit, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject FuzWeb to liability, or is otherwise found inappropriate in FuzWeb’s opinion. 

8b) If any Customer breaches any Terms or if FuzWeb has reasonable grounds to believe that any Customer is in breach of any the Terms, FuzWeb shall have the right to suspend or terminate the Customer’s account without any liability to the Customer. 

8c) FuzWeb shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by FuzWeb. The penalties that FuzWeb may impose include, among others, refusing Customer purchases that Customers have made. FuzWeb reserves the right to not publishing photos in reviews that Customers have submitted, posted or displayed if they are not considered by FuzWeb to be appropriate at our sole discretion. 

8d) Without limiting the generality of the provisions of the Terms, a Customer would be considered as being in breach of the Terms in any of the following circumstances:

(i) FuzWeb has reasonable grounds to suspect that such Customer has used a stolen credit card or has used a PayPal account without owner’s permission or other false or misleading information in any transaction with a counter party. 

(ii) FuzWeb has reasonable grounds to suspect that any information provided by the Customer is not current or complete or is untrue, inaccurate, or misleading.

(iii) FuzWeb believes that the Customer’s actions may cause financial loss or legal liability to FuzWeb or any other Users.

8e) FuzWeb reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

8f) Furthermore, when FuzWeb is advised of the issue of fraudulent purchases, FuzWeb may disclose the Purchaser's identity and contact information according to the order form contact and delivery information supplied at the time of purchase, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. 

8g) FuzWeb shall not be liable for damages or results arising from such disclosure, and Customers agree not to bring any action or claim against FuzWeb for such disclosure. 

8h) If a Customer is in breach of the Terms, FuzWeb also reserves the right to publish the records of such breaches on the Site.

     (i)If this breach involves or is reasonably suspected of involving dishonest or fraudulent activities, FuzWeb reserves the right to disclose the records of such breach to local authorities, credit card companies, and PayPal in accordance with Canadian Laws.

8i) FuzWeb may, at any time and at our reasonable discretion, impose limitations on, suspend or terminate the Customer’s use of the Site without being liable to the Customer if FuzWeb has received notice that the Customer is in breach of any agreement and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. FuzWeb shall have the right to publish the records of such breach on the Site. FuzWeb shall not be required to investigate such breach or request confirmation from the Customer.

8j) Each Customer agrees to indemnify FuzWeb, and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site, or from your breach of the Terms.

8k) Each Customer further agrees that FuzWeb is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Customer. FuzWeb reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Customer, in which event the Customer shall cooperate with FuzWeb in asserting any available defences.

9.Reviews and Comments

9a) Except otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to FuzWeb including, without limitation, customer uploaded photos, questions, reviews, comments, and suggestions (collectively, "Submissions") will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship rights) to FuzWeb without charge, and FuzWeb shall have royalty-free usage rights.

9b) You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead FuzWeb as to the origin of any Submissions or Content.

9c) FuzWeb may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

9d) All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of FuzWeb (collectively, "Content"), belongs exclusively to FuzWeb or its appropriate content suppliers.

9e) All rights not expressly granted are reserved by FuzWeb. Violators will be prosecuted to the full extent of the law.

10. General Provisions

10a) The Terms and Conditions shall be governed by the laws of Canada without regard to its conflict of law provisions.

10b) In respect of all European transactions, FuzWeb provides operational payment support.

10c) In respect of all other transactions, FuzWeb is the responsible party. 

11.Business End

11a) Customers are aware that FuzWeb has been working with three main companies since opening in 2015; Canadian Shopify Platform, the USA payment gateway Stripe, and PayPal. 

11b)   This combined Partnership between Shopify, Stripe and PayPal ensures that our customers are getting maximum security when purchasing our products online.

11c)   All three of these businesses have been publicly traded companies for many years and together represent the best combination for secure payment transactions globally.

 11d) Over the past seven years we have issued full refunds to customers who fulfilled requirements.

11e) Since the  onset of the Global Pandemic Crisis two years ago, the Canadian Shopify platform, the USA payment Gateway Stripe and PayPal ceased reimbursing Platform and Gateway subscribed business owners of all initial transaction service fees and commission costs associated with  any purchases and refunded purchases made online using their selling platforms and secure payment gateways.

11f) As of this writing on October 26th 2022, FuzWeb will continue to bear all the costs associated with our currently implemented refund policy and will continue to issue full refund amounts with the exception of the following circumstances:

  •   cancellation of the order immediately after it was purchased and is in our system, 
  • cancellation of the order between the time after it was purchased and before it was shipped out.
  •  the order has already been shipped; in the event the customer seeks a refund after the order is in transit, the cost associated with shipping  incurred at the time of purchase and the following fees:

 

(i). In either of these three cases, a 5% fee will be deducted from the refundable amount of customer purchase price.

(ii). This fee is based on the following fees incurred with using these gateways to securely process customer purchases:

  •  Shopify’s flat rate commission/fee of 2% on every transaction
  • PayPal’s flat rate commission/fee 3.4% + 0.30 cents + Additional 1.99% International Transaction and Currency Conversion commission/ fees on purchases using PayPal payment gateway.
  • Stripe’s flat rate 2.9% + 0.30cents + Additional percentage rate based on a country by country basis, on purchases using credit card payment methods including debit credit card , Apple Pay or any transaction authorized through the Stripe purchase gateway.

 

11g) These commissions/fees charged to FuzWeb on every purchase transaction are not refunded to FuzWeb and effective immediately are no longer refundable to our customers. 

 

11h) In the interest of being transparent with our customers, the specific details of fees charged to FuzWeb and deducted from customer refunds will be provided to the customers at the time of reimbursement.

 

12 Final

12a) If you have any questions about this updated Terms and Conditions policy, please contact us prior to proceeding with purchases on FuzWeb.com

12b) FuzWeb reserves the right to update terms and conditions at any time without any prior written or verbal notice.  

12c) FuzWeb Office: 1145 Midland Ave #9, Scarborough, ON M1K 4H2, Canada (This is NOT for Returned Items 

12d) If you have any questions, please email us at info@fuzweb.com to contact us.