TERMS AND CONDITIONS OF USE:
These Terms and Conditions of Sale shall govern the purchase of goods by you from Thema USA LLC ("Thema USA", "us", "our", or "we") through its website, www.thema-optical.com, as well as your registration, visitation and use of our website. These Terms and Conditions of Sale shall supersede any and all previous agreements and understandings between you and Thema USA, and your use of this website to visit, view of content, or purchase merchandise shall serve as your acknowledgement and agreement to be bound by these Terms and Conditions of Sales.
TERMS OF PAYMENT
All invoices are due and payable in US dollars on shipping date or net 30. Denial of payment by customer’s bank will incur a $30.00 returned check fee for each check returned to Thema USA LLC. A service charge of 1.5% per month, annual percentage rate of 18%, will be assessed on all past due balances. Shipment of goods are made only to accounts in good standing. Remember: All returned are accepted for exchange only. Acceptance of shipment is confirmation of your assent to all terms contained in Thema’s terms of sale agreement.
NO CASH REFUNDS
Thema USA maintains a liberal exchange policy. (as described below).
WHOLESALE ACCOUNTS ONLY
Thema USA will grant the privilege of wholesale pricing to customers that have logged or registered onto our website and are qualified as wholesalers, as determined in our sole and absolute discretion. By registering on Thema USA's website, customer represents that it is a wholesaler of goods and merchandise and that all purchased merchandise of Thema USA shall be resold or distributed to retail consumers and shall not be used for customer's private use. Thema USA reserves the right to reject any order at any time in its sole and absolute discretion. Thema USA further reserves the right to limit or terminate accounts in its sole and absolute discretion, but in no event shall such termination of an account serve as a waiver to pay all outstanding payment obligations to Thema USA.
Unless otherwise expressly agreed to in writing with Thema USA, all orders including but not limited to back orders will be invoiced at the prices prevailing at the time of shipment. Thema USA reserves the right in its sole and absolute discretion to change its prices at any time without prior notice.
Thema USA makes no representation as to customer's obligation to pay sales tax. Thema USA does not currently charge sales tax for items being delivered to any U.S. state. However, Thema USA reserves the right to collect sales tax on behalf of the governing state or authority in which the payment of sales tax may be required or warranted.
All orders will be confirmed by Thema USA in writing, by email. Merchandise that is displayed on this website may be out-of-stock or discontinued. Thema USA reserves the right in its sole and absolute discretion to remove from its website any merchandise that no longer is available for sale or is discontinued. Thema USA further reserves the right in its sole and absolute discretion to refuse any order placed if, subsequent to the placement of the order, the merchandise is no longer available or discontinued. Thema USA shall further be empowered to refuse any order if customer has previously sought an excessive number of return attempts, as determined solely by Thema USA.
Thema USA reservers the right to close any account without prior notice.
REPRESENTATION OF MERCHANDISE
Thema USA has made all efforts to accurately display the merchandise depicted on its website. However, as computer monitors may vary, Thema USA cannot guaranty the accuracy of the merchandise's color or dimension as viewed through on your monitor.
DELIVERY, TITLE, RISK OF LOSS
Unless previously agreed to in writing between you and Thema USA as to a specific method of delivery, all shipments made by such method as Thema USA elects in its sole and absolute discretion. Thema USA will not accept any order to ship goods outside the United States unless agreed to between the parties in writing. Delivery shall be deemed complete, and title to the merchandise as well as risk of loss shall pass to you when Thema USA delivers the merchandise to a common carrier for delivery to you. Thema USA accepts no risk if common carrier fails to delivery merchandise within a specified time period due to weather, strike, acts of God, uncontrollable delays, or other force major occurrence. You shall be responsible for all shipping costs associated with the delivery of merchandise you purchase on our website, including any costs of insurance of the shipments, which Thema USA shall not do automatically unless you specifically instruct us to do so in writing. Thema USA shall have the exclusive right to select or change its common carrier, or method of delivery, at any time without prior notice, provided that such change shall not modify an existing shipping method previously agreed to between the parties.
Thema USA LLC recognizes that our customers may want to exchange merchandise to meet patients demands. Thema USA provides its customers the privilege to exchange current product within 180 days from the date of purchase on a 2 by 1 basis (you must purchase 2 frames in order to return 1 frame). However, this will only occur if Thema USA receives that merchandise in resalable conditions and the frame is returned with the original pair of temples. Thema USA LLC merchandise credit will be automatically applied to any future RX or stock purchases. NON merchandise credit may be used as a payment for balances due. No merchandise credit will be authorized if an account is not in good standing (60 days past due). It is the responsibility of the customer to ship any merchandise insured to Thema USA. You must also send a copy of the original invoice, or signed sales representative’s authorization form. Any return not meeting these conditions will be shipped back to the customer at the customer’s expense.
If for any reason you are not satisfied with your order, you may return your merchandise for a full refund of the purchase price, exclusive of any shipping and handling costs or where applicable any foreign duties, taxes or tariffs paid by the customer, received by Thema USA within fifteen (15) days from the date of shipment to customer. If your merchandise is received by Thema USA within fifteen (15) days from the original date of shipment to customer, your refund will be processed in the original form of payment. Returns received by Thema USA after said fifteen (15) days, but no later than thirty (30) days from the original date of shipment to customer, will be credited to the purchaser in the form of a merchandise credit for the value of merchandise originally purchased. All returns for refund or merchandise credit, as the case may be, shall be subject to a $20 handling fee. Any items received by Thema USA after thirty (30) days following the original date of shipment to customer shall not be accepted for refund or merchandise credit. Thema USA does not refund any shipping or handling costs. Upon Thema USA's timely receipt of merchandise, every effort will be made to ensure the prompt issuance of a refund or merchandise credit, as applicable. All returns must be directed to Thema USA LLC, c/o Customer Service, address: 2800 Biscayne Blvd Suite 700, Miami FL. Please note that items received for return that are not in their original condition will be rejected and sent back to the customer. TO QUALIFY FOR A RETURN, ALL MERCHANDISE MUST BE NEW, UNUSED, UNDAMAGED, UNSOILED, UNALTERED, AND WITH ALL MANUFACTURING TAGS AND LABELS ATTACHED.
All of our merchandise, except discontinued, special purchase or final sale items, is guaranteed against defective material and/or workmanship for one (1) year from the date of purchase. ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED. Returns subject to warranty claim herein shall not include any claim related to damage or misuse caused by you.
In the unlikely event that there is a dispute in relation to the goods purchased, any dispute or claim shall be governed exclusively by the laws of the State of New York. If any provision of these Terms and Conditions of Sale is held by any Court or other authority to be invalid or unenforceable in whole or in part, then the validity of the rest of these Terms and Conditions of Sale and the remainder of the provision in question shall not be affected thereby. By purchasing goods from Thema USA, you agree that the offer and sale of those goods takes place in, and will be governed exclusively by the laws of, the State of New York. You also agree that any legal or equitable claim against Thema USA arising from or related to your purchase must be brought in the city, state or federal courts located in New York County, New York, and you consent to the exclusive jurisdiction and venue in such courts.
PROMOTIONS AND PRICE MATCHING
We cannot advise you in advance of whether the price of the item you purchased will be reduced in the future, nor shall we reimburse you the difference after you have placed an order. Please note that we shall not match the price of any competitor or the price of our merchandise found on any other website or store.
This Agreement, encompasses the entire agreement of the parties, and supersedes all previous understanding and agreements between parties, whether oral or written. The parties hereby acknowledge and represent, by accepting shipment, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other petty or any other person entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, warranty, collateral contract or other assurance provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.
BBG TERMS & AGREEMENTS
- Thema Optical is an Elite Vendor of Block Business Group
- As an Elite Vendor, Thema Optical will offer the following program ONLY to Block Business Group members: Purchase $20,000 per year (excluding Ibiza Republic) with a return rate not exceeding 20% and receive a 5% reate credit. This rebate credit can be used only against the purchase of Thema Optical product. For 2015, members that purchase $10,000 from June 1st through December 31st will receive a 2% rebate credit. The return rate of 20% applies, and Ibiza Republic is excluded. The rebate credit should be issued in January or February of 2016.
- The opening order requirement for iGreen is 24 pieces, 14 pieces for Giorgio Valmassio, and 14 pieces for Philosopheyes.
- For any iGreen purchase of 30 + frames, Block members will receive an extra 10 pair of temples, either adult or kids.
- Personal frames for Block members will be discounted at 50% for staff members or doctors with a maximum of five frames per year. No additional discount applies.
IBIZA REPUBLIC COLLECTION
Block members will be receiving a discount of 18%. No returns or exchanges can be made for Ibiza Republic frames. Ibiza Republic sales will not be included in the yearly rebate to Block or the Elite Vendor Program to Block members. Opening order for Ibiza Republic is either a complete set of sun (8 models), a complete set of ophthalmic (8 models), or both.