Terms & conditions of use - Vision Express (CLS) Ltd
This website is owned and operated by Vision Express (CLS) Limited, registered number 3193054 whose registered office is at Abbeyfield Road, Lenton, Nottingham NG7 2SP ("Vision Express").
Visitors to this website are advised to read these Terms & Conditions of Use before placing any Orders. These Terms & Conditions of Use represent our Terms for using and placing orders on the Website. By placing Orders via the website You are deemed to have read and accepted the Terms and will be bound by them. Do not place any Orders via the website if You do wish to be bound by these Terms. You are permitted to use our Website solely on the basis of these Terms. Vision Express reserve the right, to update and/or revise these Terms at any time. You should check the site periodically for changes.
NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.
TERMS & CONDITIONS OF USE
The following words and phrases are given the meanings below:
- a purchase order issued by You to Vision Express in accordance with these Terms & Conditions of Use for the purchase of Products as contained within this website.
- Contact lenses (Dailies / Monthlies) excluding solutions, non-prescription sunglasses or such products which Vision Express supply in accordance with these Terms & Conditions of Use, from time to time.
- Vision Express
- Vision Express (CLS) Limited
- the customer
2. USE OF THIS WEBSITE
2.1. Provided that You abide by the terms of these Terms & Conditions of Use, You may view and download our Website for your personal use only. In so doing, Vision Express reserve the right, to change, suspend or discontinue the Website or the provision of Products under the Website at any time, including the availability of any feature, database, or content. In addition, Vision Express may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
2.2. It is your responsibility to ensure that You have the necessary equipment or ancillary services needed to access this website. Vision Express accept no liability for or give no warranties in relation for the availability of the website or its application. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service.
3. REGISTRATION & SECURITY
3.1. To place Orders and to receive Products via the Website, You must:
- be 18 years of age or over;
- have a valid credit or debit card in Your name;
- be resident (and remain resident) in the United Kingdom; and
- complete our registration procedure in which You will need to provide us with personal details needed to process Your order.
3.2. It is your responsibility to ensure that the information and details provided by you either during registration or at any time thereafter are correct and complete. Vision Express accept no responsibility or liability if information provided is incorrect or fraudulently obtained.
3.3. So that our records are up to date and in order that we can maintain the highest level of service to you, we would ask that you advise us immediately of any change to the information that You provided by updating your personal details in the "my account" section of this Website.
4. YOUR ACCOUNT
4.1. 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.
4.2. 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 firstname.lastname@example.org immediately if your password is lost or misused. Subject to appropriate security checks, you will be issued with a new password.
4.3. 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.
4.4. 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.
5. PRICES & PAYMENT
5.1. The prices which You must pay for the Products that You Order are set out on the Website at the time You place Your order, except where we discover an error in the price of the Products You have ordered. In this event, we will inform You as soon as possible after receiving Your Order and give You the option of reconfirming Your Order at the correct price or cancelling it. If we are unable to contact You we will treat the Order as cancelled.
5.2. All prices shown on the Website are inclusive of VAT.
5.3. We may delay despatch until receipt of authorisation for payment to be taken from the payment card provided. You can pay by any Mastercard or Visa credit card, Switch or Delta debit card or Electron cards. Your credit/debit card details will be encrypted to protect Your personal card information. It is Your responsibility to keep Your password secure. We reserve the right to modify or withdraw a password at our discretion.
5.4. No other vision express offers or discounts can be used against our exclusive on-line sunglass prices.
5.5. The Vision Express Total Satisfaction guarantee Competitive price guarantee is excluded from all of our online products.
6. ORDER & ACCEPTANCE
6.1. Orders may only be placed on-line via the website.
6.2. So that we can process your Order promptly and efficiently we do need to take various details from You. In that respect it is important that the information and details You provide are clear, correct and complete.
6.3. Once You have placed an Order we will send you an email to confirming the status of your Purchase.
6.4. All Orders are treated as an offer to purchase Products from Vision Express. All such offers will be subject to our acceptance in accordance with these Terms & Conditions of Use. Our acceptance of Your Order and the completion of the contract between You and us will take place upon despatch to You of the Products ordered and it is at this point that Your payment card will be debited. Each separate supply of Products shall constitute a separate contract between us subject to these Terms & Conditions of Use.
6.5. All Orders are subject to verification, receiving payment and also stock availability.
6.6. In the event that the Products ordered are not available, You will be notified by our Customer Services department using the contact details You have provided and You will have the option either to (i) wait until the Products are available from stock; or (ii) cancel Your Order.
6.7. Any offers for Products at discounted prices, detailed on the Website, may be made available from time to time for You to Order (subject to our acceptance) for a limited period of time as stated in that offer.
7.1. Delivery will be made to the address specified by You when You place Your Order. This may vary from Your payment card address, but please note that we can only deliver Products within England, Scotland, Wales and Northern Ireland. We cannot deliver to P.O Box addresses.
7.2. We will do our best to deliver your Order within 10 working days. However, we cannot be held responsible for ensuring stock of each specific Product is available at all times or for delays or failures due to adverse weather, traffic delays, mechanical breakdowns or other circumstances.
7.3. Delivery is free.
7.4. Ownership of the Products You Order on the Website shall pass to You on delivery provided that we have processed Your card payment and received the full value for such Products.
8.1. You may cancel your Order at any time prior to despatch by calling our Customer Help Line on (0800 587 8304) or by emailing us on email@example.com. If you wish to cancel your Order after the Products have been despatched, you will have to return them to us in accordance with the returns procedure set out in clause 10 below.
9.1. Vision Express (CLS) Limited warrants that the products supplied comply with the agreement between Vision Express (CLS).
9.2. If it becomes evident within 30 days of delivery that the Product 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. In the case of Contact Lens supply you may request that Vision Express (CLS) Limited replace the contact lenses concerned instead of issuing a refund.
9.3. Our warranty will not apply if a defect has arisen due to any improper use by you of the Product 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.
9.4. Nothing within these terms and conditions, affect your common law or statutory rights.
General terms applicable to all Products:
10.1. To ensure we can process Your refund or replacement effectively, we unfortunately cannot accept returns to our Vision Express stores. Please follow the refund and returns below. Products can be returned:
10.2. For any reason You are not happy with Your order You can return the Products to us in its original packaging, unmarked and complete with any tags and labels within 14 days of receiving your Products. You will have the choice of replacing Your Products with an alternative or a full refund.
10.3. Please contact our Customer Help Line on (0800 587 8304) or alternatively email us on firstname.lastname@example.org so that we can provide You with a returns number and a prepaid returns address. Once You have obtained a returns number, please return the item in the original packaging to the prepaid address.
10.4. Your account will be credited once the Product(s) have been received by us and have been checked to ensure that the returns policy has been correctly adhered to. As soon as this has been completed we will despatch a replacement or refund the full amount paid as appropriate. Please note that we can only make refunds to the card that was used to place the original order.
11.2. Your email address is essential in order for us to be able to supply You with important information such as order confirmations and changes to the service. By registering with email@example.com You accept that Your email address may be used to supply You with such information.
By ordering through the Website you expressly consent to Vision Express (CLS) Limited:
processing data relating to your credit card and order details to enable the fulfilment of your order for contact lenses and related products; processing your personal information so that Vision Express (CLS) Limited can efficiently provide you with information about new features and services available on the Website;
processing your personal data to enhance the services and goods Vision Express (CLS) Limited makes available to its consumers; using cookies as per 11.4 below.
11.4. 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.
11.5. You may be contacted from time to time in relation to the products and services offered by the Vision Express (CLS) Limited.
11.6. 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.
11.7. You can amend your details yourself by signing in to Customer Login screen or you can notify firstname.lastname@example.org if you wish to remove or have changes made to your personal information.
11.8. 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.
11.9. 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.
12.1. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or fraudulent representation.
12.2. In the absence of any negligence or breach of duty by us, Your use of any of the Products other than in accordance with their instructions is entirely at Your own risk.
12.3. You are entirely responsible for all liabilities, claims and expenses which may arise out of the information, details or content You submit, post or transmit via the Website, or from Your use/misuse of the Website or the use/misuse by any person for whom You are responsible or from Your violation of these Terms & Conditions of Use.
12.4. Vision Express warrants that it will provide the Products with reasonable skill and care, within a reasonable time, and substantially as described in these Terms & Conditions of Use. Notwithstanding this Vision Express do not make any other promises or warranties (either express or implied) about the provision of the Products.
12.5. In that respect Vision Express expressly excludes any and all liability for:
12.5.1. any viruses or any other disabling features which may affect Your access to or use of the Website;
12.5.2. any incompatibility between the Website and other websites, services, software and hardware;
12.5.3. any delays or failures You may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website;
12.5.4. any modification, suspension or discontinuance of the Website.
12.6. In the event that either party are in breach of the arrangements under these Terms & Conditions of use, neither party will be responsible for any losses that the other suffers as a result, save those which are a foreseeable consequence of the breach.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. The content of the website is protected by copyright, trade mark, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from Vision Express.
13.2. No licence is granted to You in these Terms & Conditions of Use by Vision Express.
13.3. Vision Express have an Intellectual Property statement which can be accessed via the link from this website.
14.1. Vision Express accept no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms & Conditions of Use, in the event that the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
14.2. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
14.3. These Terms & Conditions of Use are subject to English law. We will try to solve any disagreements quickly and efficiently. If You are not happy with the way we deal with any disagreement and You want to take court proceedings, You must do so within the United Kingdom.
15. FORCE MAJEURE
15.1. 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.
15.2. 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.
15.3. 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.
15.4. 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.
16.1. 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.
17.1. 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.
18. CUSTOMER SERVICES
18.1. If you have any queries please contact Customer Services by telephone on 0800 587 8304 from Monday to Friday - 9am to 5pm or by email at email@example.com. We will make every effort to reply to you within 24 hours (Mon - Fri).