BACKGROUND

Thank you for visiting the www.themanha.com, and any other website or mobile application that we operate (to which we refer to herein, together with its sub-domains, content and services, as a Site). We are an online eyeglass store for glasses. AR glasses and related products. We offer a large selection of designer and private label frames along with information designed to help consumers make the most efficient and effective purchasing decision. It is our wish that any visit in our Sites and the experience of any purchase through our Sites' will be enjoyable and fun. By accessing our Sites and/or by clicking the "I Agree" or "OK" button, you expressly acknowledge and agree that you are entering into a legal agreement with Manha pte ltd and the companies within the its group, including subsidiaries, affiliates, and/or related companies (or, collectively, we, us or our), and have understood and agree to comply with, and be legally bound by, these General Terms and Conditions of Use (or these Terms and Conditions). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms and Conditions, please do not access our Sites or make any purchases through our Sites.We reserve the right, at our discretion, to modify these Terms and Conditions at any time and from time to time. Such change will be effective upon posting of the revised Terms and Conditions on the Site, and your continued access or use of the Site thereafter means your acceptance of any changes to these Terms and Conditions.

ABILITY TO ACCEPT TERMS

Our Sites are not structured to attract children under the age of 13 years. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms and Conditions with your parent or guardian before visiting or using our Sites to make sure that you and your parent or guardian understand these Terms and Conditions and agree to them.

PRIVACY

We will use the Account Information and any additional information we may collect or obtain in connection with your use of our Sites in accordance with our privacy policy which is available at www.themanha.com/privacy-policy (the “Privacy Policy”). You agree that we may use information that you provide or make available to us in accordance with our Privacy Policy.

THIRD PARTY SOURCES AND CONTENT

Our Site enables you to view, access, link to, and use content from third parties (the “Third Party Sources”) (such content referred herein as “Third Party Content”) that are not owned or controlled by us. Third Party Source may be a third party website or service provider.We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.By using our Site you may be exposed to Third Party Content that you may consider as inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

CUSTOMER PURCHASES

Product purchases may be executed via PayPal (or other third party payment service provider that we make available for you to use via our Sites). If you choose to proceed with a purchase via PayPal or other third party payment service provider then you: (1) agree to review and be bound by PayPal's or such other third party payment service providers’ terms of use and privacy policy; and (2) you acknowledge that you may need to hold, or register, an active PayPal account in order to complete a product purchase. We are not responsible or liable for any activities or conduct of PayPal (or such other third party payment service provider), and you agree to hold us harmless, and expressly release us, from any and all liability arising from or in connection with any products that are offered for sale and purchased via the Site.

CUSTOMER CONDUCT; OWNERSHIP

The (1) content on our Sites, including without limitation, the text, documents, articles, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (or collectively, the Materials), (2) and User Submissions (or together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained therein (or the Marks), are our property and/or our licensors’ property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name Manha, www.themanha.com, the Manha logo or any other graphics or services terms or names that are our Marks or our affiliates' Marks on any site without our express prior written consent.You acknowledge that all Content is copyrighted as a collective work under applicable law, including, without limitation, the Portuguese copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Portugal copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using our Sites. You shall not: (1) copy, distribute or modify any part of our Sites or services without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Sites; (4) use or launch any automated system (including without limitation, "robots", "spiders", or otherwise) to access our Sites; (5) parse any content within our Sites or copying any source code for the purpose of mimicking the look and feel of our Sites; (6) circumvent, disable or otherwise interfere with security-related features of our Sites or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Sites, and/or (7) sell, license, or exploit for any commercial or non-private purpose, any use or access to the Sites and Services or any Content related thereto.

PRODUCT DESCRIPTIONS

We have made every effort so that our Sites display the dimensions and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor. We cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by our Sites is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy (see “Return Policy” below for additional information).

COPY GLASSES FEATURE

a) Our Sites’ users may upload their prescriptions to receive such parameters which may include sphere (power), cylinder (astigmatism), and axis, and also to determine the distance between pupils (in millimeters rounded to 0.5mm) (“PD”) by analyzing our Site’s users’ uploaded picture.b) You may upload your prescription and use the Prescription Feature only if you comply with all the following pre-conditions:the prescription was provided to a person aged between 18 years old and 45 years old;the scanned eye glasses optical parameters ranges are:Myopic with spherical power between -0.25 and -6.00 diopterHyperopic with spherical power between +0.25 and +3.00 diopterAstigmatic with cylinder power between Cyl -0.25 and -2.50Single-vision only (no multi-focal, bi-focal or progressive lenses)Have no prism measurement in your prescriptioniii. the prescription originally used for the prescription glasses is still valid under laws and regulations applicable to Site’s user, and was issued by a certified optometrist no longer than 24 months prior to the scan.the scanned prescription glasses were issued for a person who (a) does not suffer from a medical condition which may influence the results or the Prescription Scanner Feature or their applicability, including without limitation amblyopia, diabetes, hypertension, glaucoma, cataracts, retinal detachment, crossed-eyes, brain injuries, neurological issues, etc, and/or (b) does not suffers from vision discomfort or symptoms of acute eye pain, flashes and/or floaters in eyes.And we assume no liability for any damages arising from your non-compliance with the above or with any of the instructions accompanying the Prescription Scanner Feature.c) We do not provide medical advice and our services do not constitute the practice of medicine. You agree and acknowledge that your prescription and the results of using i may be influenced and/or distorted as a result of various factors such as a health condition. Please see an optometrist or an ophthalmologist if you have any problems with your vision or are uncomfortable in any way with any products we may provide to you.d) we reserve the right to modify, cease and/or remove the any feature of our services or products, or any part thereof, at any time and at our sole discretion, with no liability therefor.e) By using our site to select glasses and measure your IPD you agree to accept the product we produce and provide. If you are unhappy with the product you will be entitled to a full refund during the warranty period.

LIMITATION OF LIABILITY

To the fullest extent permissible by law, we do not and will not accept liability for any direct, indirect, punitive, exemplary, special, consequential or incidental damages or losses of any kind or for any loss of data, revenue, profits or reputation, arising under these terms and conditions or out of your use of, or inability to use, out sites, or that are related to the purchase of goods or services from our sites even if we have been advised of the possibility of such liability, damages or losses. The aforementioned limitation of liability shall apply also to our licensors and services providers with respect to their licensed articles and provided services, which are incorporated in our sites.

OTHER RIGHTS

We reserve the right to monitor areas of our Sites electronically and may at our sole discretion use and/or disclose any data or communication of any kind.We may terminate or suspend your account and your accessibility to all or part of our Sites, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.As customer service is the most important aspect of our business, we reserve the right to deny your purchase of any product or service if it is apparent that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer to protect us to these ends.

TERMINATION OF TERMS

These Terms and Conditions are effective until terminated by either party with no prior written notice. If you no longer agree to these Terms and Conditions, you must stop your use of and visit to our Sites. You agree that any termination of your access to the Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Sites. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Sites.

WARRANTY DISCLAIMERS

This section applies whether or not the services provided under our Sites are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.Our sites, services, and any content or data related thereto are provided on an "As is" and "As available" basis, and without warranties of any kind either express or implied. We hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade. No representations or warranties are made hereunder as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any services or content, data, results or other information obtained or generated in connection with your or any user’s use of the site or services. We do not guarantee that our sites will be free of bugs, security breaches, or virus attacks. Our sites may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that we will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on our sites by a third party.We do not warrant, endorse or guarantee any content that appears in a user submission, and does not make any representation or warranty with respect to, and disclaims all liability for, any such content.You specifically acknowledge that we shall not be responsible for the user submissions or conduct (including defamatory, offensive, illegal, or negligent conduct) of any site user and that the risk of harm or damage from the foregoing rests entirely with you.Your reliance on, or use of, any user submission, or interaction with any site user, is at your sole risk. If you have a dispute with any site user in connection with the site or any user submission, you agree that we shall not be liable for any claims or damages arising out of or connected with such a dispute. We reserve the right, but have no obligation, to monitor any such dispute.We do not and will not accept liability in cases where customers provide us with prescriptions not suited to their personal condition or prescriptions which are no longer valid in any applicable jurisdiction. We also reserve the right to not accept prescriptions that have been issued more than two years prior to their submission to the sites. We highly discourage customers from using eyeglasses or contact lenses that are not suited to their prescription and encourage you to visit your eye doctor and optometrist periodically.Except as expressly stated herein and in our privacy policy, we do not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.

APPLICABLE LAW

We make no representation that the Content in our Sites is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access our Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. Any claim relating to our Site, the services provided through our Sites or the Content (or a Claim) shall be governed by the Laws of Portugal. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Portugal and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

INDEMNITY

You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (1) your use of, or inability to use, our Sites; (2) your User Submissions; or (3) your violation of these Terms.

SUBMITTED FEEDBACK

It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our Sites. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the Site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein. If you have any questions regarding our General Terms and Conditions of Use, please feel free to contact us at general@themanha.comLast updated: April 2024

PURCHASE POLICYPRESCRIPTION

You hereby represent and warrant that the prescription you submit as part of your order is valid on the date of placing your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your eyeglass or contact lenses (to which we refer herein as Products). By placing an order through our Sites, you represent that the information used for purchasing the Product/s is correct, true, and accurately matches the prescription you received from your eye care provider. You further represent and warrant that you will renew your prescription in accordance with your eye care provider's instructions. You hereby acknowledge that your order will not be guaranteed unless your prescription meets the terms set out in this purchase policy. You hereby agree that we and our representatives may contact your eye care provider with any questions, comments, concerns, or verification needed with respect to your prescription.Note that eyeglasses and contact lens prescriptions may differ from one another, so you should make ensure that you are ordering the correct parameters set forth in your prescription for the type of product you wish to purchase.In cases where you order contact lenses and prescriptions are typed manually instead of being uploaded, we are obligated by law to verify your prescription with your eye care provider. This is in order to ensure that we provide you with the correct contact lenses in your order. According to the U.S. Fairness to Contact Lens Consumer Law, if the seller does not receive verification response from the eye care provider within 8 business hours, the seller is allowed to sell the customer the contact lenses.If you order eyeglasses, we will also need your pupillary distance, or PD, to fill your order. When you are fitted for eyeglasses by an eye care provider, you should be provided with a copy of your prescription specifying your PD. In the event that the PD is not included in your order, we will use an average PD, and you agree that you forfeit all rights for any claim against us in such case. In any event, you shall be entitled to return or exchange the item in accordance with our Return Policy as described hereunder.If the prescription change requires an upgrade in the lens package, you will be required to pay the difference.You must be a minimum age of 18 years of age to submit an order. . In case the prescription is for a child between 13 and 18 years of age, it's the parent's or guardian's responsibility to ensure the prescription was filled accurately.

COUPONS AND DISCOUNTS

We aim to keep our Products as affordable as possible and often distribute coupons and coupon codes through various channels for that purpose. Please be aware that you are not permitted to combine coupons and coupon codes nor add them retroactively to your order.

ORDER PRODUCTION AND PROCESSING

Lack of information in orders may lead to delays in processing such orders. There may be cases in which we will be required to contact you in order to obtain additional information, and such inquiries may also delay the processing of the order. In any event, we shall make reasonable efforts to notify you with respect to any delays.The processing time of orders that contain additions to the lens (such as coatings, tint or other) may take longer time. Processing time of orders which contain progressive and bifocal lenses may take longer than that of standard lenses.

SHIPMENT AND DELIVERY

Orders will be delivered to the address that appears on your order within reasonable time from the completion of the production and the quality checks.Orders are usually shipped within 10 days from the date of confirmation of payment; however, there may be delays due to external factors. The time of delivery can vary depending on the destination. Please note that additional local taxes may be applied to shipments to international locations.We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.When you place your order, you must choose shipping and delivey options. Standard shipping can take up to can take up to approximately 14 (fourteen) business days from the date of shipment. If you need your Product faster, you can upgrade to the Expedited or Express shipping option. Once the package is shipped from a www.themanha.com facility (or third party supplier), it is no longer the responsibility ofwww.themanha.combut the responsibility of carrier.Upgrading your shipment does not infer overnight delivery. Delivery times are based on estimation only and exclude the production and verification stages.It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and increase the costs of the purchased Products. We will not refund or exchange products that were shipped to an inaccurate address as a result of missing details. Shipping claims should be addressed within 30 days from the date of the shipping.

RETURN POLICY

Please email general@themanha.com and they will be glad to assist you.All information below only pertains to domestic PT orders (including other PT territories).For all other countries, all sales are final.Warranty coverage for defective products is provided worldwide. 1. Returns on frames and accessories - if return is requested within 7 days of confirmed delivery, account credit, reimbursement, and order replacement are all options, and return shipping is free. Only frames, non-Rx lens upgrades, 3-lens packs and accessories are eligible for cash refunds, prescription lens upgrades and prescription extra lenses are non-returnable and non-refundable. Shipping upgrades are also non-refundable. Don't worry if we don't get back to you immediately, as long as you request the return within 7 days of receipt you are eligible. A restocking fee of $15 applies in the case of all cash refunds and will be deducted from the refund total.2. Manufacturer Warranty coverage - from 1 year from the date of delivery, the customer can request a replacement if the product has a factory defect. Customer will be required to return the defective unit. Shipping will be provided. User-caused damage is not eligible for warranty replacement.3. Replacement product - if customer claims glasses are missing/undelivered within 21 days of shipment. If this can be verified through tracking information an additional pair of the exact same specifications can be shipped. If it can’t, Manha will contact the postal service to attempt to locate the order. If it still cannot be located, Manha will replace the glasses.4. Missing return - if the returned glasses do not arrive back at Manha, but it can be seen by tracking number/good faith that the customer attempted return, a credit or replacement will be granted based on the time frame. 5. Damaged return - if the returned glasses are damaged beyond use, the customer will still receive refund as normal according to time frame.6. Return packaging - customers will be advised to retain all original packaging in checkout confirmation email. Customers will be responsible for return packaging.7.Gift card/credit purchases:For glasses purchased with Manha credit or gift cards, our normal return policies apply, but store credit will be substituted for refunds in all instances.8. Cancelled Orders - If orders are cancelled on the same day that they are placed, no charge will be assessed and the order will be refunded, unless the order has already shipped or prescription lenses have already been made for the order. Orders cannot be cancelled after the day of ordering, and the customer will need to return the frames once received. If prescription lenses have already been made and cancellation is requested on the day of ordering, Manha will cancel the order and the cost of goods of the prescription lenses will be deducted from any cash refunds.9. Incorrect addresses - It is important to enter your address carefully. Once an order has shipped, Manha is not responsible for final delivery if the address was entered incorrectly, and will not provide a free second shipment of the order.

EYEGLASSES MANUFACTURER’S WARRANTY

All frames have a 365-day manufacturer’s warranty. In the unlikely event that your frame or lenses break after the initial 7 days following delivery and within one year of your purchase, we will gladly provide a replacement. The coverage does NOT include accidental damage from handling or damage from normal wear and tear. Please note it is the customer's responsibility to return the glasses and provide us with the return shipping tracking information. Furthermore, a picture of the damage to the item is required for the warranty to be activated.For questions regarding our Return Policy please contact us at general@themanha.com

LIMITED WARRANTY

The following are not covered under our Warranty and/or the Glasses Manufacturer’s Warranty (referred to above): (1) Damage from introduction of foreign objects into the eyeglasses, unauthorized eyeglasses modifications or alterations; (2) failure to follow the manufacturer's clean and care instructions; (3) unauthorized repairs; (4) damage incurred during transportation; (5) damage from tampering with elements designed to secure lenses and/or arms; (6) eyeglasses that are lost or stolen; and (7) eye exams or other medical expenses associated with obtaining replacement eyewear.