Modernoptical.com (“Modern Optical International”) provides website features to you
subject to the following conditions. If you visit or shop at modernoptical.com, you
accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to modernoptical.com, to
understand our practices.
PROGRAM QUALIFICATIONS AND RESTRICTIONS
Modern Optical International customers may use the online payment service (“Online
Payment”) via the internet with no fee if the following requirements are met:
You must have a current/valid U.S. bank account at a financial institution where the
payment will be withdrawn.
You must have a valid credit card. Modern Optical International accepts American Express,
Discover, MasterCard & Visa. If you choose the automatic payment option, you must
immediately inform Modern Optical of any changes/cancellations to any and all credit cards
set up to make such payment.
By selecting the “Submit Online Payment” button, you are confirming that you accept these
Terms and Conditions (and any future modifications thereof) and agree that by scheduling a
payment via Online Payment, you authorize your financial institution and Modern Optical
International to initiate debit (s), credit (s) or correction entries for such payments. You
promise that you have all necessary rights, power and authority to authorize each such
payment and that you will take such steps as your financial institution requires to make
YOUR COMMITMENT TO US
It is your responsibility to: Ensure there are sufficient funds available in your checking or
savings account to meet each scheduled Online Payment. If there are insufficient funds in
your account, your financial institution and Modern Optical International may charge you a
fee and/or interest. You are solely responsible for paying any fee and/or interest changed
by your financial institution or Modern Optical International. Check your bank account
statement to verify that the amounts debited from your account are correct. Any
overpayments resulting in a credit balance cannot be refunded but will be applied as a credit
on your Modern Optical account.
Credit card payments made Monday through Friday before 5 p.m. CST will post to your
account within 24 hours. ACH payments will post to your account between 5-7 days.
Please ensure that your payment is made prior to 5 p.m. on or before the due date of the
bill. You are solely responsible for making payments prior to the due date and you are
solely responsible for any late fees charged by Modern Optical International not made
timely. Late fees for any payments made using the Online Payment are the same as the
late fees charged for mailed payments. Online Payment is designed to be available seven
days a week, 24 hours a day. However, Modern Optical International shall not be liable for
any inability to access Online Payment, or for Modern Optical Internationals’ failure to
update any information, for whatever reason.
Modern Optical International does not charge you a convenience fee for using Online
Payment. However, your financial institution may charge you fees related to your scheduled
payment, including transaction fees or fees for attempting payments without sufficient
funds. If a transaction is not honored by your financial institution, a fee may be charged to
your Modern Optical International account.
UNAUTHORIZED OR DISPUTED PAYMENTS
If you believe that someone has made an unauthorized payment through Online Payment
without your permission, contact your financial institution immediately. You are solely
responsible for any unauthorized payments, although your financial institution may provide
some form of fraud protection.
In case of disputes or questions about your Online Payment, contact Modern Optical
International by email or by calling Customer Service at 1-800-323-2409 ext 500, Monday
through Friday 8:00AM to 5:00PM CST (excluding holidays). Modern Optical International
must hear from you within sixty (60) days after the first bank statement on which the
problem appeared was sent to you. Please provide your name and Modern Optical account
number, describe the error or transfer about which you are unsure, why you believe there is
an error, and the dollar amount of the suspected error.
Modern Optical International will inform you as to the result of the investigation within ten
(10) business days after Modern Optical International hears from you and will correct any
error promptly. If more time is needed, however, Modern Optical International may take up
to forty-five (45) days to investigate your complaint or questions. If no error is found,
Modern Optical International will contact you within three (3) business days after the
investigation is completed.
Modern Optical International does not permit cancellation of Online Payments after you have
scheduled the specific transaction.
Participation in Modern Optical Internationals Online Payment is completely optional. Modern
Optical International reserves the right to suspend or discontinue accepting online payments
at any time, for any reason without prior notice. Modern Optical International will attempt to
provide you with prior notice of suspension or termination of Online Payment, but Modern
Optical International will not be liable for any failure to do so. Neither termination nor
discontinuation of Online Payment shall affect your liability for transactions initiated through
OTHER TERMS AND CONDITIONS
- Modern Optical International has no responsibility for any failure or error in Online
Payment, including without limitation, any interruption, omission, mistake,
malfunction or delay related thereto. Modern Optical International makes no
representation that any data posted is suitable for any particular purpose or use.
- Online Payment will be operated and used at all times subject to applicable laws,
rules, regulations and decisions of federal and state governmental authorities having
- Your use of Online Payment does not provide any legal right or interest in any
intellectual property used in connection therewith, or derived there from or any text
or other content posted in connection therewith, including without limitation any
copyright, for which all rights are reserved by Modern Optical International.
Use of Online Payment is at your sole risk. Although Modern Optical International has
endeavored to create a secure and reliable service, the confidentiality or security of any
communication transmitted or accessible over the internet cannot be guaranteed. Modern
Optical International does encrypt your personal information on our systems and in
transmission and complies with all applicable laws in handling such information. Accordingly,
Modern Optical International and its affiliates are not responsible for the security of any
information transmitted or accessed using the Internet. Actual or attempted unauthorized
use of this Online Payment service may result in criminal and/or civil prosecution.
Modern Optical International reserves the right to change any terms and conditions of
Online Payment at any time. Your use of Online Payment after any changes in such terms
and conditions shall constitute your consent to such changes. You agree that Modern Optical
International shall not be liable to you or to any third party for any modification, suspension
or discontinuance of Online Payment.
When you visit modernoptical.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. On many
occasions we will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property of Modern Optical
International and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of Modern Optical
International and protected by U.S. and international copyright laws. All software used on
this site is the property of Modern Optical International or its software suppliers and
protected by United States and international copyright laws.
In addition, modernoptical.com graphics, logos, page headers, button icons, scripts, and
service names are trademarks, or trade dress of Modern Optical International in the U.S.
and/or other countries. Modern Optical International’s trademarks and trade dress may not
be used in connection with any product or service that is not Modern Optical International’s,
in any manner that is likely to cause confusion among customers or in any manner that
disparages or discredits Modern Optical International. All other trademarks not owned by
Modern Optical International that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Modern
LICENSE AND SITE ACCESS
Modern Optical International grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it, or any portion of it,
except with express written consent of Modern Optical International. This license does not
include any resale or commercial use of this site or its contents; any collection and use of
any product listings, descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another merchant; or
any use of data mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent of Modern
Optical International. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page layout, or
form) of Modern Optical International without express written consent. You may not use any
meta tags or any other "hidden text" utilizing Modern Optical International's name or
trademarks without the express written consent of Modern Optical International. Any
unauthorized use terminates the permission or license granted by Modern Optical
International. You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of modernoptical.com so long as the link does not portray
Modern Optical International, or its products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Modern Optical International logo or
trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If you are under
18, you may use modernoptical.com with involvement of a parent or guardian. Modern
Optical International reserves the right to refuse service, terminate accounts, remove or
edit content, or cancel orders at their sole discretion.
RISK OF LOSS, CLAIMS AND WRONG SHIPMENTS
All shipments are carefully checked. Any discrepancy should be reported within ten (10)
days of receipt. Claims should include customer account number and original invoice. If
you find it necessary to forward a package to Modern Optical International, please note that
Modern Optical International will not be responsible for parcels lost en route to our
All Modern Optical International frames are fully warranted against all manufacturing
defects in materials or workmanship for a period of two years from the date of the original
invoice, except our Modern Collection which carry this same warranty for a period of one
RETURNS AND REFUNDS
Modern Optical International does not take title to returned items until the item arrives at
our distribution center. All frames and accessories originally purchased from Modern Optical
International must have authorization before being returned. All product purchased can be
exchanged for replacement product only and will be accommodated as long as the style is
current in the Modern Optical International catalog, with no time limit. All returns must be
in plastic frame bags and arrive at Modern Optical International free of personal markings
and in salable condition. Invoice number and date are necessary in expediting your return.
In the event an item is no longer available, exchanges will be accepted for items of similar
value. Discontinued items that are returned will be valued at the final sale price. No cash
All prices are F.O.B. Roselle, IL and are subject to change without notice. All single item
orders will be assessed a $.99 service change. Special shipping instructions should be
included with each order; otherwise Modern Optical International will forward shipments in
the most practical way at its discretion.
Accounts must be kept current. Past due balances negate the entitlement of any discounts
and may cause interruption in service. Statements are issued on the last billing day of each
month and payment is expected by the 10th of the following month. All accounts thirty (30)
days past due are subject to a onetime 10% late payment fee as well as interest which
accrues at 1.5% per month. Any account that is past due sixty (60) days cannot be shipped
merchandise until the account is fully paid. Additionally, each account is established with a
credit limit which may not be exceeded without prior approval of the Modern Optical
International accounting department. In the case of an NSF check, a $30 fee will be
assessed to the respective account. Frames, cases or accessories are not accepted for
credit against past due accounts.
By accepting our sales payment terms, customer agrees to pay all collection costs including
collection fees, court costs and legal fees if account is placed for collection because of nonpayment.
Both the “Ship To” and the “Bill To” parties are and shall remain jointly and
separately liable for all amounts due hereunder and shall so remain until Modern Optical
International has received payment in full. In the event of default in payment by either the
“Ship To” or the “Bill To” party, Modern Optical International may elect to proceed at law
against either one or both parties to collect all unpaid sums and payment by either party to
the other shall not be a defense.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED BY MODERN OPTICAL INTERNATIONAL ON AN "AS IS" AND "AS AVAILABLE"
BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MODERN OPTICAL INTERNATIONAL
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN OPTICAL
INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR
PURPOSE. MODERN OPTICAL INTERNATIONAL DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR
SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MODERN OPTICAL
INTERNATIONAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN
OPTICAL INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting modernoptical.com, you agree that the Federal Arbitration Act, applicable federal
law, and the laws of the State of Illinois, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might arise between you
and Modern Optical International.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at
any time. If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
Modern Optical International
P.O. Box 72360
585 Congress Circle North
Roselle, IL 60172
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE
BOUND BY ALL ITS TERMS AND CONDITIONS.