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TERMS AND CONDITIONS OF ZENNI EYEWEAR PROTECTION PLAN



  1. INTRODUCTION. Thank You for purchasing a Zenni Optical, Inc. (“Zenni”) Eyewear Protection Plan (“Plan”). By purchasing a Plan, You agree to the terms and conditions set forth below, including terms on coverage, filing a claim, cancellation, and other terms specific to your state of residence.

    These terms and conditions, along with Your receipt showing Your Plan purchase, constitute the entire contract between You and Zenni. If you have any questions concerning Your Plan, please send Zenni an email at [claims@zennioptical.com] or call Zenni at [(800) 211-2105] between the hours of 5am and 9pm Pacific Time, 7 Days a Week. To submit a claim, please see Section 5 below entitled “HOW TO FILE A CLAIM”

  1. DEFINITIONS. Throughout these terms and conditions, the following capitalized words have the stated meaning:

    1. “Accidental Damage” refers to physical damage, breakage, or failure of Your Covered Product due to a single unforeseen and unintentional event. To obtain coverage for Accidental Damage, and as specified below, You will be required to provide information to Zenni about how and where the Accidental Damage occurred. You may also be required to submit photographs of the physical damage, breakage, or failure of Your Covered Product.

    2. “Covered Product” is the product covered by Your Plan and includes the eyeglass frames, eyeglass lenses, and eyeglass coatings.

    3. “Plan” refers to the coverage You purchased at the time You purchased Your Covered Product as specified in Your receipt and these terms and conditions. The cost of Your Plan is shown on Your receipt.

    4. “Term” refers to the period of time the provisions of Your Plan are valid as shown on Your receipt. Your Plan is valid from the date Your Covered Product is delivered to You and remains valid for the time period specified on Your receipt. The Term will expire, and the Plan will become void, upon Zenni’s replacement of Your Covered Product or expiration of the Term, whichever is earlier. The Term of Your Plan will be extended for an additional 30 days for any manufacturing defect in eyeglass frames and lenses, and one additional year for any manufacturing defect in anti-reflective coatings and photochromic films so that You will also benefit from Zenni’s standard limited warranty. The Term of Your Plan will also be extended for any Waiting Period.

    5. “You” or “Your” refers to the individual consumer who purchased the Plan and who is to receive the coverage specified in these terms and conditions.

    6. “Waiting Period” refers to the time period between Your submission of a claim and the Your receipt of a replacement for Your Covered Product, a store credit, or a denial of Your claim, as discussed below.

    7. “Zenni,” “Provider,” and “Administrator” refers to Zenni Optical, Inc., the party obligated to provide replacements under Your Plan. Zenni’s address is [150 Alameda del Prado, Novato, California, 94949], and its phone number is [1-800-211-2105]. Zenni can also be reached by email at [service@zennioptical.com].

    8. “Obligor” refers to Starr Indemnity and Liability Company located at [399 Park Avenue, 2nd Floor, New York, New York, 10022].

  1. WHAT IS COVERED. Your Plan provides for the full replacement of Your Covered Product, including frames, lenses, coatings, and films, caused by (1) defects in materials or workmanship, (2) normal wear and tear, and (3) Accidental Damage to the extent not already covered by Zenni’s Return Policy and standard warranty concerning manufacturing defects. Your Plan also provides for the full replacement of Your Covered Product to the extent Your Covered Product has lenses marketed as damage- or scratch-resistant and those lenses develop scratches or damage impairing the line of vision or Your visual acuity. All replacements authorized by Zenni will be shipped to You free of any shipping or handling charges.

    Zenni will replace Your Covered Product a maximum of one (1) time during Your Plan Term. Once Your Covered Product is replaced one time, Your Plan is void.

  1. WHAT IS NOT COVERED. Damage to, or failure of, Your Covered Product is not covered under your Plan if:

    1. Covered by Zenni’s standard warranty set forth in its Return Policy, which provides a warranty that its eyewear will be free of manufacturing defects for a period of 30 days and that anti-reflective (AR) coatings and photochromic films will be free from manufacturing defects for one (1) year from the date of purchase;

    2. Caused by intentional conduct, abuse, adulteration (including without limitation by placing non-Zenni lenses into Zenni frames or Zenni lenses into non-Zenni frames), modifications to the Covered Product, tampering with the Covered Product, or unauthorized repairs to the Covered Product;

    3. Caused by pets, chemicals, or the tarnishing of frames;

    4. Caused by the bending or twisting of flexible or titanium frames;

    5. Caused by tampering with the eyeglass frame elements designed to secure lenses and eyeglass arms;

    6. Caused by Your failure to follow manufacturer instructions concerning proper care and maintenance;

    7. Caused by theft, fire, flood, earthquake, hurricane, tornado, sandstorm, landslide, natural disaster, public disturbance, riot, acts of war, or acts of God;

    8. Not reported during the Plan Term; or

    9. Your Covered Product is outside of the 50 United States of America or the District of Columbia.

      Further, Zenni will not provide coverage for damage to, or failure of, any cases or containers used to store Your Covered Product or any decorations, embellishments, or monograms You added to Your Covered Product after purchase. Further, Your Plan does not include coverage for (1) frame fit issues, (2) changes in Your prescription or visual acuity, or (3) any preventative maintenance.

  1. HOW TO FILE A CLAIM

    To file a claim, please send an email to [claims@zennioptical.com] or call Zenni at [(800) 211-2105] between the hours of 5am and 9pm Pacific Time, 7 Days a Week. In any email, please provide Your name, Your date of purchase of Your Covered Product, a copy of Your receipt for Your Plan, and the reason for Your claim. You may also be asked to upload photos of Your Covered Product.

    Zenni will evaluate Your claim and either approve and ship a replacement, ask for additional information, or deny Your claim.

    If Your claim is accepted, Zenni will provide You with replacement frames and lenses (as well as any films or coatings originally purchased) that is either identical to Your Covered Product or comparable to Your Covered Product, including shipping and handling. In the event Zenni is unable to replace Your Covered Product with an identical or comparable model, Zenni will provide You a credit redeemable at Zenni.com in the amount of Your original purchase price, including any shipping fees and taxes.

    If Your claim is denied, a detailed reason will be provided to You. You will have the right to escalate consideration of Your claim to a supervisor, who will render a final decision regarding Your claim.

  1. DEDUCTIBLES AND CO-PAYS. There is no deductible or co-pay for Your Plan.

  1. CANCELLATION.

    1. You may cancel Your Plan for any reason at any time by emailing [claims@zennioptical.com] or calling Zenni at [(800) 211-2105] between the hours of 5am and 9pm Pacific Time, 7 days a week. You may also mail Zenni a notice of cancellation to [150 Alameda del Prado, Novato, California, 94949]. If You request cancellation within 60 days of the date You purchased Your Plan, and no claim has been filed under Your Plan, You will receive a 100% refund of the amount you paid for Your Plan and Your Plan will be void. For any other cancellation request made more than 60 days after the date of the Plan purchase date, You will receive a pro-rata refund based on the remaining Term of Your Plan, less the retail value of any replacement of Your Covered Product

    2. If you cancel Your Plan within 60 days of the date of Plan purchase, and no claim has been filed under Your Plan, a 100% refund of the amount You paid will be paid or credited to You within 30 days of Zenni’s receipt of Your cancellation notice. For residents of [AL, AR, CA, CO, D.C., HI, MA, MD, ME, MN, MO, NJ, NM, NV, NY, SC, TX, WA, WI and WY], Zenni will also pay a 10% penalty for each month or portion thereof that a refund is not paid or credited to You within 30 days of receipt of Your cancellation notice.

    3. Zenni may not cancel Your Plan except for fraud or non-payment by You, or if required to do so by a regulatory agency. A written notice will be provided at least 30 days before cancellation to Your last known email or physical address, with the effective date of the cancellation and the reason for cancellation. You will receive a pro-rata refund based on the remaining Term of Your Plan, less the retail value of any replacement of Your Covered Product.

    4. If Your Plan was sold to You in a jurisdiction where the Plan is not available, Zenni will cancel Your Plan and refund 100% of the amount You paid for Your Plan so long as You have not received any replacement for Your Covered Product.

  1. TERRITORIAL COVERAGE. Your Plan is limited to the United States of America, including the District of Columbia. Zenni’s Plan is not available for sale outside the United States or in the U.S. Territories of Guam, Puerto Rico, or the U.S. Virgin Islands.

  1. TRANSFERABILITY. Your Plan is not transferable or assignable to others.

  1. RENEWALS. Your Plan is not renewable.

  1. INSURANCE REGARDING YOUR PLAN: THIS IS NOT A CONTRACT OF INSURANCE; however, Zenni’s obligations under Your Plan are insured under a service contract reimbursement insurance policy issued by Starr Indemnity & Liability Company located at [399 Park Avenue, 2nd Floor, New York, New York, 10022]. If Zenni fails to act on Your claim within 60 days after Your submission of a claim, You may make a claim with Starr Indemnity & Liability Company directly by calling them at [1-855-438-2390] and Starr Indemnity & Liability Company will pay on Zenni’s behalf any sums Zenni is legally obligated to pay pursuant to these Terms and Conditions but that Zenni failed to perform.

  1. LIMITATION OF LIABILITY.

    WITH THE EXCEPTION OF ZENNI’S COVERAGE OBLIGATIONS SPECIFIED IN SECTION 3 ABOVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZENNI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

    IN NO EVENT SHALL ZENNI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES (WHETHER DIRECT OR INDIRECT) ARISING FROM YOUR PURCHASE OR USE OF YOUR PLAN, AND INCLUDING BUT NOT LIMITED TO (1) DAMAGES RESULTING FROM A DELAY IN RENDERING SERVICES UNDER YOUR PLAN, (2) LOSS OF USE OF YOUR COVERED PRODUCT DURING REPLACEMENT (THE “WAITING PERIOD”), (3) THE NEED TO OBTAIN REPLACEMENT(S) FOR YOUR COVERED PRODUCT DURING THE WAITING PERIOD.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, ZENNI’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE PURCHASE PRICE OF YOUR COVERED PRODUCT EXCLUSIVE OF SHIPPING AND TAXES.

  1. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER.

    1. Informal Dispute Resolution. Zenni wants to address any concerns You may have without resort to legal proceedings. Most concerns may be quickly resolved in this manner. Thus, You agree to first contact Zenni at legal@zennioptical.com to resolve Your dispute with us informally. Your notice of dispute must be individual to You and must include, as applicable, Your name, Your email address, and Your residential address. Your notice of dispute also must explain the facts of the dispute as You understand them and tell Zenni what You want Zenni to do to resolve the issue. You agree to use Your best efforts to settle any dispute directly through consultation and good faith negotiations, and You agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either You or Zenni initiating arbitration. A notice of dispute will not be valid unless it contains all of the information required by this paragraph.

      If You commence an arbitration without having previously provided a valid and compliant notice of dispute, You agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and Zenni authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

    2. Agreement to Binding Arbitration. In the unlikely event that You cannot reach an agreement with Zenni after 60 days of good faith negotiation, You agree to resolve any claim, dispute, or controversy arising out of, in connection with, or relating to Your Plan, including but not limited to these Terms and Conditions, through binding arbitration. These Terms and Conditions evidence a transaction involving interstate commerce and any arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

      Except in the event of a Mass Arbitration (as defined below), You agree that all disputes shall be finally settled through binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. The seat of the arbitration will be decided pursuant to the JAMS Rules. You or Zenni may elect to appear at the arbitration in person or, if You and Zenni both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

      You will have the right to use legal counsel in connection with arbitration at Your own expense. You and Zenni shall select a single neutral arbitrator in accordance with the JAMS Rules. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You and Zenni also agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

      If You initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and Your claim is ultimately found to be non-frivolous and not in bad faith, Zenni will reimburse all filing fees in excess of $250. Zenni will also pay all other arbitration costs in connection with the arbitration, other than costs incurred by You for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Zenni if You do not prevail in arbitration, unless the arbitrator determines that Your claim was frivolous or brought in bad faith, in which case the arbitrator may award Zenni its attorneys’ fees, expert witness fees, arbitration fees, and/or costs. Zenni will also reimburse You for any portion of the $250 filing fee that is more than what You would otherwise have to pay to file suit in a court of law.

    3. Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND ZENNI AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You further agree to waive Your rights to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then You agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

    4. Mass Arbitration Before NAM. Notwithstanding Your agreement to arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and share common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, You and Zenni agree that the demands will constitute a “Mass Arbitration.” You agree that any Mass Arbitration shall not be governed by the JAMS Rules or administered by JAMS, but will instead be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”).

      The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. In the event of any failure or refusal to commence a Mass Arbitration before NAM, You or Zenni may seek an order from a court of competent jurisdiction compelling compliance with these Terms and Conditions and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, You and Zenni agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Zenni acknowledge that either party's failure to comply with this paragraph would irreparably harm the other, and You agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

    5. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of Your decision to opt-out by emailing Zenni at [privacy@zennioptical.com]. The notice must be sent within thirty (30) days of your purchase of Your Plan; otherwise You shall be bound to arbitrate disputes in accordance with these Terms and Conditions. If You opt-out of these arbitration provisions, Zenni also will not be bound by them.

    6. Exclusive Venue for Litigation Not Subject to Arbitration. To the extent that the arbitration provisions set forth above do not apply or if You opt out of arbitration, You and Zenni agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco County, California, and any litigation shall be filed exclusively in state or federal courts located in San Francisco, California (except for small claims court actions which may be brought in the county where you reside).

    1. STATE VARIATIONS. Regulations covering service contracts like Your Plan vary from state to state. To the extent any of these terms and conditions of Your Plan conflict with the laws of the state where you purchased Your Plan, state law will control as set forth below and will otherwise supersede these terms and conditions.

      1. CONNECTICUT. If you are unable to resolve any disputes concerning Your Plan, nothing in these Terms and Conditions prevents You from initiating an arbitration process or filing a complaint with the Consumer Affairs Division of the Connecticut Insurance Department at [P.O. Box 816, Hartford, CT 06142-0816], and on the Internet at [https://portal.ct.gov/cid?language=en_US]. Conn. Gen. Stat. Ann. § 42-260(g).

      2. MARYLAND. The definition of “Term” is amended to also provide that Your Plan is extended automatically to the extent Zenni fails to perform services under the Plan and Your Plan will not terminate until the services are provided to You in accordance with these Terms and Conditions. Md. Code Ann., Com. Law § 14-404. Further, if for any reason Zenni fails to respond to a claim You submit within 10 days from the date of Your submission, Zenni is required, upon Your request, to provide a brief statement explaining the reasons for the delay. Md. Code Ann., Com. Law § 14-404(d).

      3. NEW HAMPSHIRE. In the event You do not receive satisfaction under Your Plan or these terms and conditions, you may contact the New Hampshire Insurance Department at [21 South Fruit Street, Suite 14, Concord, NH 03301, 603-271-2261]. N.H. Rev. Stat. § 415- C:6(III)(h).

      4. NEW MEXICO. The provisions of Section 7(C), CANCELLATION, are amended to state the following: Zenni may cancel Your Plan for any reason within seventy (70) days from the date of purchase. After seventy (70) days, Zenni may only cancel Your Plan if (a) You fail to pay an amount when due; (b) You are convicted of a crime which results in an increase in the services Zenni must provide under the Plan; (c) Zenni discovers a fraud or material misrepresentation by You in purchasing the Plan or presenting a claim under the Plan; (d) Zenni discovers (1) an act or omission by You or (2) a violation by You of any of the terms and conditions of the Plan which occurred after the effective date of Your Plan and which substantially and materially increases the service required under the Plan; or (e) there is a material change in the nature or extent of the required service which occurs after the effective date of Your Plan and which causes the required service to be substantially and materially increased beyond that contemplated at the time that the Plan was sold. N.M.S.A. 1978 § 59A- 58-12.

        If you have any concerns regarding the handling of your claim, you may contact the Office of Superintendent of Insurance at [1-855-427-5674]. Bulletin 2017-016, 2017 WL 6517555 (NM INS BUL)