Terms of Use

Effective Date for our Policy: April 12, 2017

Mike & Martin Eyewear, LLC., which does business as Mike & Martin, operates www.mikeandmartin.com (“site”), our own optical lab(“lab”), and provides the services(“services”) tying the two together. For the sake of simplicity and to keep this boring legal stuff to a minimum we will refer to ourselves as “Mike & Martin”, “we”, “our”, or “us”. We will try to make this as short and sweet as possible, but just know our lawyers are forcing us make this at least a few paragraphs long…..uugghhh….here we go.

First things first, we reserve the right to change, revise and add to the Terms of Use at any time, we are a new e-commerce company, we have a lot to learn and develop so these will change every once in a while. You can always see when the Terms of Use change based on the date at the top of this page, continued use of services provided by Mike & Martin updates your agreement to these terms.

Privacy

You can read our Privacy Policy for a whole detailed report about what info we collect and how we protect it. Essentially, we collect basic information and we do NOT under any circumstances trade, sell, or rent your personal information to anyone.

Account and Eligibility

We do require that you register for an account when you order eyewear with us, we do this so we can keep track of your prescription along with your other info. If you create an account, you are solely responsible for any activity that ensues on that account.  In order to provide the best service we can, we ask you to keep all information associated with your account up to date. If any information is out of date or incorrect, we are not responsible for any errors or delays. Also, we recommend not sharing your account info with anyone and restricting use of your account to you and you only, we are not responsible for any activity on your account as a result of you sharing your account info.

All users should be at least 18 years old, we will not sell or ship to anyone that is under the age of 18 years old. However, we don’t want to keep anyone from getting a cool new pair of specs, so if you are under the age of 18 we require you to have an adult supervise and help you order your new eyewear. The supervising adult is responsible for all activity on the account and should use their information when registering the account.

Subscriptions

When you sign up for a Mike & Martin Eyewear Subscription you agree to pay monthly for one eyewear term, for a total of  payments in the amount based on the selected subscription package at the time of sign up. You will be granted your available eyewear after the payment date of the month based on your subscription package. At the end of the plan term, your subscription will be automatically renewed unless the you contact Mike & Martin before the renewal date.

Cancel a Subscription

Yes, you can cancel your subscription at anytime and will only be charged the remaining amount left on the current pair of glasses in your subscription plan. We want to be fair and treat you just like we like to be treated. Call us at 903-345-6453 or email us help@mikeandmartin.com and we will be glad to help you

Returns/Refunds

Mike & Martin has a no questions asked 30-day return policy.  Returns with no penalties must be started within the first 30 days of purchase, any returns after the 30th day will be dealt with case-by-case .

Canceling and Changing an Order

Since we control our own lab that is in the same building that we sit writing this, we can move pretty fast so by the time you want to cancel or change an order it may be on its way to you already! Don’t worry though, give us a call at 903-345-6453 Monday-Friday 8 am - 5 pm CT, or email us at help@mikeandmartin.com and we will get it figured out!

Risk of Loss

When the carrier (FedEx, UPS, USPS) pick up your order from our office the risk of loss passes to you. Thats attorney wording and obviously if your package is never delivered just call us and we will work it out!

Pupillary Distance Measurement

In order to make you a great pair of glasses we have to know your PD (the distance between your pupils), some prescriptions come with your PD included. But some doctors will not include it on your prescription. So there are two options; (1) you can go to your local optical shop and get your PD taken there or (2) you can have your friend take the measurement.

Lenses and Frame Replacement

See our warranty page for more information.

All of our glasses come with a one (1) year warranty that covers both the lenses and frames. 

Lenses: If you scratch your lenses within the one-year period, we will replace your lenses free of charge one-time. Give us a call at 903-345-6453 or email us at warranty@mikeandmartin.com to get replacement lenses.

Frames

We use only the highest quality materials, but they are not bullet proof.  We will replace frames that are damaged or that have any defects within the first 12 months. We love creating new eyewear designs so we do small production runs of our frames. If we are out of stock of your frame we will work with you to get you in a new frame that looks great on you! 

Insurance

We do not accept insurance. We chose to develop a service that is a great alternative to paying an insurance company every month. We do accept HSA, flex plans, and health savings accounts. 

Your Prescription

We keep your prescription on hand for you to access when ordering your next pair of glasses. We will archive any prescriptions that are older than 2 years. Any of your prescriptions are available to you upon request. We will process these as quick as we can.

Purchase Limits

We will not sell in commercial quantities and we reserve the ability to restrict purchases by a certain user, email, credit card, or address.

Intellectual Property

We have been working on developing this site and company for 2+ years and have put in our blood, sweat, tears, and lots of money. So while we want you become part of the family and let us take care of your eyes, we are going to keep all of our intellectual property to ourselves. All of the content that appears on our site and the associated social media sites is the exclusive property of Mike & Martin and is protected by United States and international copyright laws. Any unauthorized use of the content or material from the site is prohibited and violates copyright, trademark, and other intellectual property laws.

If you need to request authorization to use materials or content from our site, contact help@mikeandmartin.com

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Destruction of Mike & Martin

Please, from the bottom our hearts, please don’t do anything to disrupt the services we offer. This includes any action that creates an overabundance of traffic that causes an excessive load on our or our third parties infrastructure, interfere with the proper workings of our service, bypass or circumvent our infrastructure in anyway, or any other action that will violate the Terms of Use or our Privacy Policy.

Mike & Martin’s Liability

MIKE AND MARTIN EYEWEAR WILL NOT BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. MIKE AND MARTIN WILL NOT BE LIABLE FOR ANY DAMAGE, HARM, OR INJURY THAT MAY BE CAUSED BY ANY OF OUR PRODUCTS.

Termination of a User

We really never want to have to do this, but if we feel that terminating or blocking your ability to access or use our services is in our best interest and our other customers, we hold the right to do so, without notice or warning. If termination ensues, you are still bound to these terms.

Governing Law

The laws of Texas will govern these Terms and the Agreement between you and Mike & Martin as if you stood in Texas when this agreement was signed. The parties agree to submit too federal or state court in Smith County, Texas for sole jurisdiction of any legal disputes that come forth from the use of Mike & Martin’s services or your breach of this agreement.

Final Agreement

These Terms of Use determine the entire agreement between you and Mike & Martin, any rights not expressly granted by this agreement are reserved.