Terms and Conditions

MATCH EYEWEAR LLC

TERMS OF SALE FOR FRAMES

  1. TERMS OF PAYMENT: All invoices are payable by EOM. Match Eyewear reserves the right to withhold delivery of all future and pending orders until buyer’s account is paid.
  2. NO CASH REFUNDS: All returns are for exchange only. Credit may be issued at the discretion of the company, but merchandise credit cannot be used as payment for balance due.
  3. NON-DIVERSION POLICY: Buyer agrees that all Match Eyewear products are strictly for resale to public. Under no circumstances shall any Match Eyewear products be diverted to any other retail accounts, distributors or third parties. Any violation of this policy shall result in the immediate closing of buyer’s account and shall subject buyer to prosecution by Match Eyewear to the fullest extent of the law.
  4. Match Eyewear reserves the right to reject any order at any time at its sole discretion. Match Eyewear may at its sole option, demand payment for any order prior to or simultaneous with shipment.
  5. Match Eyewear shall have the right to limit or terminate accounts, but termination shall not effect the obligation to pay any existing balance due.
  6. Request for statement reconciliation or adjustment must be made in writing within 30 days of statement date. In case of error of merchandise received, buyer remains obligated to pay that portion of statement that is not in dispute in accordance with Match Eyewear’s stated terms of payment.
  7. Match Eyewear reserves the right to discontinue certain items at any time without notice.
  8. A fee of $50.00 will be assessed on any check returned to Match Eyewear for non-payment or insufficient funds.
  9. In case of default, purchaser agrees to pay all Match Eyewear’s attorney and/or collection costs.
  10. SALES TAXES: Unless Buyer informs Match Eyewear otherwise in writing, Buyer shall be deemed to represent and warrant that is purchasing the merchandise for resale and that accordingly, Buyer is not required too pay sales or use tax to Match Eyewear on its purchase hereunder. Buyer agrees to indemnify and hold Match Eyewear harmless against liability, claims, suits, actions and expenses (including but not limited to reasonable attorney’s fees), which may be brought against Match Eyewear by virtue of Match Eyewear’s failure to collect sales or use tax from Buyer.
  11. WARRANTY: Match Eyewear warrants that the Merchandise shall be free of defects in workmanship and materials under normal use and service. The warranty period against defective material and/or workmanship is for two years from date of invoice.
  12. Match Eyewear provides its buyers with the privilege of exchange of Current (not Final Sale or Discontinued) product within 180 days of date of purchase, provided that merchandise is returned to Match Eyewear in Resalable condition, packaged in clean bags and free of markings. Purchase of 2 items for each item returned for exchange is required and Match Eyewear has the right to refuse exchange after 180 days of date of purchase.
  13. Match Eyewear provides buyers with the right to return merchandise as defective provided merchandise is returned during the warranty period and buyer has obtained the proper DM (defective merchandise) return authorization number from customer service. All defective merchandise will be replaced with the same frame, style, size and color as returned unless no longer available. The Match Eyewear receiving department without an authorized DM number written near the shipping label will accept no carton.
  14. Frames with Cases must be returned with the appropriate case or be subject to a charge back at the discretion of the company.
  15. Merchandise may not be exchanged if an account’s outstanding payment is 60 days past due.
  16. It is the responsibility of the buyer to ship the Merchandise back to Match Eyewear with insurance and accompany it with a copy of the original invoice or packing list, and signed sales representative’s RA (return authorization) form. The Match Eyewear receiving department without a RA sticker affixed near the shipping label will accept no carton. Any return not meeting these conditions may be returned unprocessed to the buyer.
  17. Claims: Any claims must be reported in writing to us within 5 days of receipt of goods.
  18. Any damaged cartons received from a carrier must be refused or reported in writing to carrier immediately at time of delivery.
  19. Prices: All prices are subject to change without prior notification.
  20. Sales of discontinued frames are Final Sales and are not subject to any return or exchange policies.
  21. Unauthorized use of Match Eyewear LLC’s brand names and their logos without permission from Match Eyewear LLC is strictly prohibited.

GROUP AND ACCOUNT SALES

Both the customer and, where applicable, the Buying Group, are and shall remain, jointly and severally liable for all amounts due hereunder until Seller has received payment in full. It is the intent of the parties that the Buying Group serve in the capacity of financing agent, pursuant to UCC2-104. In the event of default in payment by either Customer or Buying Group, Seller may elect to proceed at law or at equity against either one or both parties to collect all unpaid sums, including collection costs and reasonable attorney fees, it being expressly understood and agreed that payment by either party to the other shall not be deemed a defense to any claim by Seller.