Last updated 7th December 2005
| 1. | General Provisions | |
| 1.1 | These terms and conditions which include the, User Conduct & Use Of Website, Privacy Policy, and intellectual Property Rights are applicable to any use of the Vision Express (CLS), ("the Website"). Any representations the Vision Express (CLS) Limited retail outlet of your choice ("Vision Express (CLS) Limited") makes to you and to any agreements concluded between you and Vision Express (CLS) Limited. | |
| 1.2 | The services provided under the Website are supplied by Vision Express (CLS) Limited | |
| 1.3 | By placing orders through this Website you are offering to contract with Vision Express (CLS) Limited for the supply of contact lenses and related products. Full details of the party with whom you are contacting will appear in the confirmation of receipt of your order. | |
| 2. | Offers and Acceptances | |
| 2.1 | Any advertisement or representation made on this Website shall not be construed as an offer by Vision Express (CLS) Limited, but merely an advertisement. By submitting an order, you will be making an offer when you complete the on-line order form. | |
| 2.2 | When you place an order to purchase a product from Vision Express (CLS) Limited, we will send you an e-mail confirming receipt of your order together with details of your order. As indicated above, your order represents an offer to purchase a product, which is accepted by Vision Express (CLS) Limited when your prescription has been verified and you have received an e-mail confirmation that the goods have been despatched. If there is a problem with your order Vision Express (CLS) Limited will endeavour to contact you by email. By placing your order through this Website you are deemed to have accepted these terms and conditions. As such, you agree to fully, accurately and truthfully complete the ordering system to be found on the Website. It should be noted that orders can only be accepted from residents in the United Kingdom for delivery in the United Kingdom. | |
| 2.3 | The prices stated on the Website are inc VAT. All delivery charges will be free of charge. | |
| 2.4 | Vision Express (CLS) Limited may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Vision Express (CLS) Limited associated with it, including, but not limited to, any pricing error on the Website. | |
| 2.5 | As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available. | |
| 3. | Your Account | |
| 3.1 | When you first register on the Website you will be issued with a password which you may use to enable you to place future orders on the Website without reregistering your details. You are responsible for the security and proper use of this password and must take all reasonable steps to ensure that the password is kept confidential and not disclosed to anyone else. In that respect Vision Express (CLS) accepts no responsibility for any misuse of passwords. | |
| 3.2 | You are responsible for ensuring that no unauthorised access is obtained through your account to the Website or services found on the Website. You agree to notify contactlenses@visionexpress.com immediately if your password is lost or misused. Subject to appropriate security checks, you will be issued with a new password. | |
| 3.3 | You acknowledge that title to the password issued to you remains vested in Vision Express (CLS) Limited. If Vision Express (CLS) Limited has reason to believe that there is or is likely to be a breach of security or misuse of your password, Vision Express (CLS) Limited may change your password and notify you accordingly. | |
| 3.4 | Vision Express (CLS) Limited reserves the right to suspend or terminate forthwith your account and or the use of the password if it has reason to believe that any registration information you have provided is inaccurate. | |
| 4. | Your Obligations | |
| 4.1 | It is an express condition that you hold a valid contact lens prescription which is not more than 12 months old and which has been issued by a current GOC UK registered optician or contact lens practitioner. By submitting your prescription, you warrant that your prescription satisfies this requirement. | |
| 4.2 | The data you provide to Vision Express (CLS) Limited concerning the condition of your eyes must correspond to the data to be found on your current prescription issued by a registered optician or medical practitioner prior to placing your order. | |
| 4.3 | You undertake to comply with all the instructions for use to be found on the user instructions accompanying contact lenses and any related products. | |
| 4.4 | You agree that even if you have a valid contact lens prescription, you have previously worn contact lenses, you have had a contact lens fitting with a qualified optician and have not experienced any discomfort from such use. You also agree that you know of no reason why such lenses would not be appropriate for you. | |
| 4.5 | You agree that the order placed through this Website represents a request for contact lenses by you, which fulfils the needs of you yourself and no other person. | |
| 4.6 | You warrant that you are aged 18 years or over. | |
| 5. | Delivery | |
| 5.1 | Delivery will be made to the address on your order as soon as possible. Subject to circumstances beyond our control, we aim to deliver your order within 10 days once your contact lens specification has been authorised by your Optician. | |
| 5.2 | Delivery can only be made to UK mainland addresses. | |
| 6. | Warranties | |
| 6.1 | Vision Express (CLS) Limited warrants that the products supplied comply with the agreement between Vision Express (CLS) Limited and yourself and with the specifications in your prescription. However, Vision Express (CLS) Limited may not be held responsible if your eyes do not tolerate any contact lenses or any related products ordered by you. | |
| 6.2 | If it becomes evident within 30 days of delivery that the contact lenses you have ordered fail to meet the above criteria, you should return them immediately to Vision Express (CLS) Limited. Please refer to the Returns Policy. You may request that Vision Express (CLS) Limited replace the contact lenses concerned instead of issuing a refund. | |
| 6.3 | Our warranty will not apply if a defect has arisen due to any improper use by you of the contact lenses and any related products or if you or a third party, modify or attempt to modify them without Vision Express (CLS) Limited's written permission, or use them for purposes for which they are not intended. | |
| 6.4 | Nothing within these terms and conditions, affect your common law or statutory rights. | |
| 7. | Privacy / Data Protection | |
| 7.1 | Vision Express (CLS) Limited. respects the personal privacy of all users of the Website and at all times seeks to comply with the Data Protection Act 1998. In that respect, your attention is drawn to our Privacy Statement which can be found within this website. The personal information which the Company collects about the users shall be carefully and adequately processed. To process your order we will ask you for personal information when you register for a purchase. This includes, but is by no means exhaustive, your name, date of birth, e-mail and postal addresses and details of any prescription supplied to you by your optician or medical practitioner. However, you will need to give your consent before any processing takes place and your information will only be used for the purposes stated in these terms and conditions and or at the point of collection. Vision Express (CLS) Limited is committed to maintaining the highest standards of personal privacy and will not collect information about you without your consent. | |
| 7.2 |
By ordering through the Website you expressly consent to Vision Express (CLS) Limited:
|
|
| 7.3 | In order to place an order on the Website you will need to have cookies enabled. We use several cookies for the order process which store information about your login, selected product, prescription and optician details. The login cookie may be stored on your computer permanently but only by ticking a box to say that you wish to remain logged in when you next return to the site. |
|
| 7.4 | You may be contacted from time to time in relation to the products and services offered by the Vision Express (CLS) Limited | |
| 7.5 | It is our policy not to share your personal details or information with third parties, unless we are acting under a statutory or legal obligation to do so. | |
| 7.6 | You can amend your details yourself by signing in to Customer Login screen or you can notify contactlenses@visionexpress.com if you wish to remove or have changes made to your personal information. | |
| 7.7 | If you do not wish to receive information relating to new features or services you may opt out of this by simply not ticking the consent box when prompted to do so when entering your details. | |
| 7.8 | We take every precaution to protect Personal Information collected through Vision Express (CLS) Limited. In the event that our system is infiltrated by unauthorised third parties we will not be liable for any resulting misuse of the Personal Information. | |
| 8. | Retention of Title | |
| 8.1 | Vision Express (CLS) Limited remains the owner of any contact lenses or related products delivered to you until the moment at which the purchase price has been paid in full and no right of withdrawal remains available to you under Article 8.1. | |
| 9. | Payment | |
| 9.1 | Your credit card will not be charged until your order has been processed, but prior to despatch. | |
| 9.2 | You will be asked to specify the following, the card number, card type, cardholder name, and valid dates from and to, 3-digit security code. | |
| 9.3 | To increase the security of Internet transactions Visa and MasterCard have recently introduced 3D-Secure (like an online version of Chip and PIN). Depending on the card you've chosen to use and the retailer from whom you are purchasing, when you click Proceed you may be asked by your card issuer for further authentication. Your payment will not be charged until your order has been processed, but prior to despatch. |
|
| 10. | Liability | |
| 10.1 | Any liability of Vision Express (CLS) Limited resulting from the delivery of defective contact lenses and any related products will be limited to direct damages up to the amount of the price stipulated for the items concerned. Liability for indirect damages is excluded. | |
| 10.2 | Without prejudice to the provisions set out above, Vision Express (CLS) Limited will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the contact lenses and or related products sent to you. | |
| 10.3 | Vision Express (CLS) Limited shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by the Vision Express (CLS) Limited. | |
| 11. | Force Majeure | |
| 11.1 | In the event that either Vision Express (CLS) Limited or yourselves are prevented from fulfilling a contractual obligation to the other by virtue of circumstances beyond their control, including but not limited to postal strikes, electrical failure, transport interruption etc. they will not be obliged to carry out that obligation. | |
| 11.2 | While a Force Majeure situation continues to operate Vision Express (CLS) Limited and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by Vision Express (CLS) Limited as terminated without further obligation to the other. | |
| 11.3 | If Vision Express (CLS) Limited has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Vision Express (CLS) Limited will be entitled to charge you for that fulfilled part. | |
| 11.4 | Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Vision Express (CLS) Limited shall return to you the amount paid. | |
| 12. | Disputes | |
| 12.1 | If proceedings are brought by you against Vision Express (CLS) Limited such proceedings shall be brought in an appropriate court in England and Wales. This Agreement shall be construed in accordance with English law. | |
| 13. | Returns Policy | |
| 13.1 | Vision Express (CLS) Limited will issue a full refund or replacement of goods in all instances where:
Once we have received your product, we will arrange a refund back onto your payment card. |
|
| 13.2 | A refund or replacement will be issued to you following receipt of the product at this address within 30 days of that date. | |
| 13.3 | If goods are returned as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the return of the goods, then a refund will be made within 30 days of that date. | |
| 13.4 | Vision Express (CLS) Limited will pay the postal charge for goods returned under this Returns Policy. You do not pay for postage if you obtain a pre paid label. | |
| 13.5 | Vision Express (CLS) Limited reserve the right to refuse to accept future orders from customers who have made previous unsubstantiated claims for non-delivery of goods. | |
| 13.6 | Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same credit or debit card account as supplied to pay for the goods. Vision Express (CLS) Limited reserve the right to proportionately reduce the level of the refund if only some of the original quantity of contact lenses is returned, or if it is clear that some of the products have been used. In the case of goods returned under your 'cooling off' right, these must be returned undamaged and unused to qualify for a refund. | |
| 14. | Rules for use of content | |
| 14.1 | You may not in any way commercially exploit any content obtained from the Website without the express permission of the Vision Express (CLS) Limited). and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website. | |
| 15. | Changes to Website & Terms and Conditions | |
| 15.1 | Vision Express (CLS) Limited reserves the right to make changes to the Website, policies and these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the Website or that you order goods from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. | |
| 15.2 | The Website is provided "as is" Vision Express (CLS) Limited excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses. | |
| 16. | Indemnity | |
| 16.1 | You agree to indemnify Vision Express (CLS) Limited from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms and Conditions of use, including this Intellectual Property Policy, or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website. | |
| 17. | Disclaimers and Limitation of Liability | |
| 17.1 | Use of the Website, including the content, is provided free of charge. Vision Express (CLS) accept no liability to you or any person for any loss or damage of any kind howsoever incurred which may arise from the unauthorised use of the Website and the use of any information contained within it. | |
| 17.2 | Vision Express (CLS) Limited shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by the Vision Express (CLS) Limited. | |
| 17.3 | The Website is intended for use within the United Kingdom. Vision Express (CLS) Limited make no representation that any product referred to on the Website is appropriate for use, or available, outside the United Kingdom. Those who choose to access this site outside of the United Kingdom are responsible for compliance with local laws to the extent that local laws are applicable. | |
| 17.4 | By using this Website, you consent to the Terms and Conditions and disclaimers, as defined by the Vision Express (CLS) Limited. Vision Express (CLS) Limited reserve the right to change these Terms and Conditions and disclaimers and will notify you via the Website when that occurs. | |
| 17.5 | Nothing within these Terms and Conditions seek to limit or restrict liability for death or personal injury. | |
| 17.6 | Vision Express (CLS) Limited will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, the Vision Express (CLS) Limited cannot guarantee that the Website will be free from delays, interruptions or errors. The Company takes all reasonable efforts to ensure that information on the Website is correct, but makes no representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. Accordingly, Vision Express (CLS) Limited do not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Website or the information therein. | |
| 18. | Waiver | |
| 18.1 | If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms and Conditions. | |