Terms & Conditions


By accessing or using www.winkk.in (hereinafter referred to as this "Website"), you agree to these terms and all applicable laws.

This website and the contents of this website are owned and operated by “EYEZEN TECHNOLOGIES PVT LTD” (hereinafter may also be referred to as “We/Us/Our”). We are a registered Indian company, incorporated under the Companies Act, 1956 under no........................., having registered office at unit no. 130, Acharya Commercial and Shopping Center, Dr. C. G. Road, Chembur, Mumbai -400074, Maharashtra, India.

In these terms, the words "You"/ "User" shall mean the end user accessing/using this Website.

If you do not agree to these Terms/Privacy Policy, please do not use this website.

PLEASE READ THE FOLLOWING TERMS & CONDITIONS (these “Terms”) AND PRIVACY POLICY BEFORE USING THIS WEBSITE.

PRODUCT(S)/SERVICE(S):-

We are manufacturing and marketing products such as spectacles, frames, prescription lenses, sunglasses and all such category of goods and related services [hereinafter referred to as the said “product(s)/service(s)”]. The Term “Product” may also be referred to as Parcel and/or Order as the case may be.

MEMBERSHIP ELIGIBILITY:-

Users acknowledge that they are at least 18 years of age at the time of accessing/using/purchasing from this Website. Any minor is eligible to use/access this website and/or transact from this website only under the supervision of legal guardian or parents. If it is brought to our notice or discovered that you are below 18 years of age, in such case we reserve the right to cancel/terminate the membership.

SERVICE & PAYMENTS

All the rights with respect to the products offered for sale on this Website belongs to us. The services offered on this Website include the service of viewing and purchasing various products offered for sale under the trademark/brand name “winkk”. We shall have the sole authority to modify the services offered and the mode of payment without prior Notice to the User. We accept the following mode of payment: Debit Card /Credit Card/Cash Card/Net Banking. The option of Cash on Delivery is not available at the moment but shall be made available very soon.

WARRANTIES/ACKNOWLEDGEMENTS

All the rights with respect to the products offered for sale on this Website belongs to us. The services offered on this Website include the service of viewing and purchasing various products offered for sale under the trademark/brand name “winkk”. We shall have the sole authority to modify the services offered and the mode of payment without prior Notice to the User. We accept the following mode of payment: Debit Card /Credit Card/Cash Card/Net Banking. The option of Cash on Delivery is not available at the moment but shall be made available very soon.

  • The serial/tag number/identification of the parcel/product has been altered, tampered with or removed.
  • The product has already undergone modifications, repairs, or dismantled by any other person before our executives verify it for approval.
  • The purchases will have no claim under this warranty in respect of mishandling of the products, damages to product or consequential damage by the user.
  • After expiration of warranty period, there will be separate charges for our services depending on the type of product, parts, location of customer and availability of our services at the customer's location.

We warrant that we do not exert any control on Users to access this Website or the number of Users accessing the Website or the products/ number of products purchased by any User accessing the Website. Users also acknowledge that we will not be responsible for the result of the use that they may put to the products purchased. Users also acknowledge using the Website as per their own discretion and we do not exercise any authority/influence on them.

PRICING AND PAYMENT

The price for all products, being offered for sale, through this website is indicated/quoted for each and every product separately. Before you make payment and checkout for the product you choose, the final and total price for your order will be displayed.

In addition, prices are inclusive of basic lenses for spectacles, however, if you want, you can upgrade to more costly lenses by paying the quoted price.

We, for now, accept the online mode of payment via Debit Card /Credit Card/Cash Card/Net Banking. However, the Cash on Delivery Option as and when made available on this website will be reflected automatically with respect to the particular products.

RETURN/EXCHANGE POLICY

If you wish to return a product, then we shall accept it within our 14 day no-questions-asked return and exchange policy. The following are the conditions in order to return/exchange the product if:

  • The product is in *undamaged condition; or
  • The product/s delivered to you already has manufacturing defects;
  • The product is unfit unto the face of the user.

The term “Undamaged/unused/untouched” mean and include absence of dirt, stain, grease, scratch; unworn, presence of all accessories in the parcel, if any; no bent or twist, intact price tag, intact identification label of any sort, presence of instructions manual and invoice, warranty/guarantee card, if any.

The date on which we receive the product which the user wants to return and subsequently upon thorough scrutiny of the products and assuring that they are undamaged/unused, the product price shall be refunded to the user via bank transfer in five (5) business days or a similar product will be exchanged.

REFUND POLICY

If the order is cancelled, lost or un-delivered to your preferred location, we will refund the complete order amount including any shipping charges, provided it does not fall under the cases as mentioned in ‘No Refund’. In case of refund by us, the mode of payment will essentially be made via bank transfer only and such transfer will take minimum time of five (5) business days from the date on which we receive such request with all the relevant details via email or telephonic request.

There will be no Refund in the following cases:

  • f the product is found to be damaged to a larger extent that leaves it in unusable manner
  • If we are notified after 14 days
  • If user receives incorrect parcel/product and we are not notified within 3 business days

TIME FOR DELIVERY

Once an order has been placed, the parcel shall reach you within 5 business days or as informed while placing the order depending upon the location and availability of products.

EXCHANGE POLICY:

We keep on upgrading our inventory to be updated with the latest fashions and trends, thus, exchange of products depends upon the availability of the same in the stock, otherwise, we can refund the money to the customer or provide another product of similar price of customer’s choice. Refund in this case shall be subject to the fulfillment of the criterion provided under Refund heading and falls under the meaning of *undamaged.

CANCELLATION POLICY

You can cancel your order by sending an email to us on support@winkk.in or by placing a telephonic request on the customer care number ……………………. before the product has been shipped. Your entire order amount will be refunded.

In case the item you have ordered has been shipped but has not yet been delivered to you, you may still cancel the order. Your refund will be processed once we receive the originally ordered parcel back from the courier.

An order cannot be cancelled, unfortunately, once the parcel has been delivered to you.

INTELLECTUAL PROPERTY RIGHTS

The website and all the contents included in this website such as but not limited to text, images, information, “look and feel“, graphics, logos, button icons, software, the trademarks, and the manner in which such elements are ensemble, are protected under the Copyrights Act, 1957 and is owned, controlled or licensed by or to us. The said trademark “WINKK” is pending for registration bearing application number 3315555 under the Trade Marks Act, 1999. Hence, no part of the Website shall be reproduced, exploited, modified, stored in a retrieval system or transmitted in any form or by any means without the prior written consent of us. And nothing contained in this Website or these Terms shall be deemed to confer any such proprietary right to the User. Any unauthorized use of our intellectual property rights will attract legal action.

SAFE AND SECURE SHOPPING

Your online transaction on winkk.in is secure. All credit card and debit card payments are processed through secure and trusted payment gateways managed by leading banks.

REPORT ABUSE

If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know by email on support@winkk.in or by mailing us on the below given address:-

EYEZEN TECHNOLOGIES PVT LTD, Unit no. 130, Acharya Commercial and Shopping Center, Dr. C. G. Road, Chembur, Mumbai - 400074, Maharashtra, India.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms will:

  • limit or exclude any liability for death, eye injury or other such personal injury resulting from user’s negligence;
  • limit or exclude any liability for death, eye injury or other such personal injury resulting due to submission of wrong/outdated prescription by the user;
  • limit or exclude any liability for fraud or fraudulent misrepresentation including during purchasing a product;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

DISCLAIMER OF WARRANTIES AND LIABILITY

The information contained in this website is for general information purposes only. While the information is provided by us which we endeavour to keep the information up to date and correct. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Hence, we understand that you agree and understand completely with regards to the usage of this website and the services and any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Liability of us in any event, will be to a maximum of the price paid by you (for that particular transaction). In no circumstances, we will bear any additional cost.

INDEMNIFICATION

To the extent authorized by law, you agree to indemnify and hold harmless EYEZEN TECHNOLOGIES PVT LTD, its intern and employees, officers, directors, affiliates, and service providers, vendors, from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or the Content you make available on any of the Services.

RULES FOR YOUR CONTENT/FEEDBACK/COMMENT OR ANY OTHER SUBMISSIONS

You warrant and represent that your content will comply with these terms.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  • be libellous or maliciously false; be obscene or indecent; be pornographic, lewd, suggestive or sexually explicit;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; be in contempt of any court, or in breach of any court order; be in breach of official secrets legislation; be in breach of any contractual obligation owed to any person;
  • be in breach of racial or religious hatred or discrimination legislation; be blasphemous; depict violence, in an explicit, graphic or gratuitous manner; be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety to any person.
  • be untrue, false, inaccurate or misleading; constitute spam;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  • send you one or more formal warnings;
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • temporarily suspend or permanently bar you/your access to our website;
  • block computers using your IP address from accessing our website;
  • contact any or all your internet service providers and request that they block your access to our website;
  • suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

LAW AND JURISDICTION

These terms shall be governed by and construed in accordance with Maharashtra, India laws. Any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of Mumbai, in the State of Maharashtra in India.

NO WAIVER

Either party’s failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any other/remaining provisions of or rights under these Terms.

LIVE CHAT FACILITY

We do not charge the user for use of our Live Chat facility; however, we believe and expect you to read and observe the following terms and conditions carefully. If you use this facility, you are agreeing to adhere to these terms and conditions.

1. You will not post any message that is either:

Unlawful, harassing, vulgar, pornographic, threatening, abusive, fraudulent, defamatory, libelous, deceptive, invasive of another’s privacy, sexually explicit, profane.

2. Any user’s name and/or password shall only be used by you; keep them safe. If a posting is made using your name and password, it will be considered to have been posted by you.

3. This facility should not be used for the following:

  • Impersonate any person or entity.
  • Derogatory remarks about any person or entity, personal attacks with any person to you are chatting or on others,
  • Encourage, incite, solicit, promote or provide information about illegal or criminal activities.
  • Abuse, threaten, promote, or instigate physical harm or death to others or yourself.
  • Harass, Victimize, intimidate or degrade any person or group of individuals.
  • Infringe any kind of intellectual property right including any right of publicity.
  • Disrupt normal flow of dialogue.
  • Irrelevant comments to the topic of the discussion.
  • Interference with anyone else’s use and enjoyment of our Live Chat facility or this Website.
  • Discussion in any manner deemed inappropriate by us.

Note: The primary language for this facility is English. For other languages, a translation tool can be used. However, we bear no liability/responsibility for any mistranslation that may occur from its use.

If any posting is found not in keeping with aforementioned terms or your intended use of our Live Chat facility, then we shall remove the posting and any other related postings and/or suspend or terminate your access, and take all such steps, permanently or temporarily at our discretion, as may be necessary to protect us and our representatives.

NO AGENCY RELATIONSHIP

The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and EYEZEN TECHNOLOGIES PVT LTD as a result of the Terms or from your use of any of the Services.

FORCE MAJEURE

This website will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, power failure, fire, flood, storm, slide, earthquake, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

ENTIRE AGREEMENT

Subject to Limitations and exclusions of liability and Disclaimer of Warranties and Liability, these terms, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

PRIVACY:-

We are committed to protecting your privacy and we treat your privacy very seriously. Privacy of data of all nature is governed by the Privacy Policy which is an integral part of these Terms. We process information about you in line with our Privacy Policy. By accepting these Terms you also agree and accept Privacy Policy. For further information, please refer to our PRIVACY POLICY.

CONTACT US

If you have any questions/comments or feedbacks, please contact us at -
Mailing address: EYEZEN TECHNOLOGIES PVT LTD, Unit no. 130, Acharya Commercial and Shopping Center, Dr. C. G. Road, Chembur, Mumbai - 400074, Maharashtra, India.
Email address: support@winkk.in.
Contact number: 
+91 9867739007