The Vision Express Eyecare Plan Terms and Conditions
These Terms & Conditions are the standard terms for the Vision Express Eyecare Plan. Before you sign up to the Vision Express Eyecare Plan, please read these Terms & Conditions carefully. Please be aware that the Vision Express Eyecare Plan and its benefits are only available in Store (not online) and from selected Vision Express Stores across the United Kingdom.
If you are unsure about any part of these Terms & Conditions, please ask a member of staff in Store.
Unless the context otherwise requires, the defined terms below have the following meanings:
1. YOUR CONTRACT WITH US
- These Terms & Conditions govern the Vision Express Eyecare Plan provided by us, and will form the basis of the contract between you and us. (Separate terms and conditions apply to your use of our services and purchases of our products falling outside the Vision Express Eyecare Plan, please ask Vision Express store staff for details).
- When you sign-up to the Vision Express Eyecare Plan you will enter into two contracts (even though we have chosen to use a single Application Form), and have the option to enter into a third, the Eyecare Plan Insurance, as follows:
- The first contract is between you and us for the purchase of the Glasses from us and participation in the Vision Express Eyecare Plan and its benefits (in these Terms & Conditions we refer to this as the Plan);
- The second is the Adaro Loan Agreement.
- At the point you sign-up to the Vision Express Eyecare Plan as above, we will make available to you in-store the Eyecare Plan Insurance Pre-contract Material (electronically or in hard copy if you prefer); we can also make available in this way the Eyecare Plan Insurance Policy if you wish; if you want the Eyecare Plan Insurance, we will give or send you a copy (by email or post if you prefer) of the Eyecare Plan Insurance Pre-contract Material and the Eyecare Plan Insurance Policy. You are under no obligation to have the Eyecare Plan Insurance and whether you have it or not will not affect the cost, or any other aspect, of the Plan.
- When you or the Bill Payer submit your Application Form it is a contractual offer that we may, at our discretion, accept. By submitting an Application Form, you confirm the Bill Payer is at least 18 years old, and that the payment details you provide belong to the the Bill Payer.
- A credit search will be carried out in store on the Bill Payer when you sign up to the Vision Express Eyecare Plan (for you or a Child), this will assess the creditworthiness of the Bill Payer for an Adaro Loan Agreement (“Credit Search”). If Credit Search is passed, the first payment for the Outstanding Credit will be taken in store. If the Credit Search fails you will not be able to sign up to the Vision Express Eyecare Plan.
- Your Plan will not start until the Credit Search is passed by the Bill Payer, the Adaro Loan Agreement is signed by the Bill payer, thefirst payment for the Credit has been processed, and we have confirmed your Plan to you by email. The date of our confirmation email will be the Start Date of the Plan.
- Your Glasses will be delivered to your delivery address specified in the Application after the Start Date or collected from store at your preference.
- At the start of your Plan you will be invited to choose two or three pairs of Glasses depending on the type of Plan you have chosen to sign-up to:
- If you have chosen a 24 months Plan then you will be invited to choose two pairs of Glasses and both pairs of Glasses must have prescription lenses;
- If you have chosen a 36 months Plan then you will be invited to choose three pairs of Glasses and of those three pairs one pair only can have non-prescription lenses. At any time, no more than one pair of Glasses per Plan can be non-prescription sunglasses.
- The Plan is available on Glasses within selected ranges (jncluding selected price ranges) and for full details (including minimum pricing) please speak to a member of staff at your local participating Vision Express store. Contact lenses are excluded from the Plan. Vision Express retains the right to add and remove Glasses available to select for the Plan at any time. Full details of the Glasses that can be purchased through the Vision Express Eyecare Plan can be obtained in store.
A discount of 20% will be given on each pair of Glasses. Our 50% off 2nd pair promotion or any other offer or promotion cannot be used in conjunction with the Plan.
- It is a condition of your participation in the Vision Express Eyecare Plan that the terms of each Adaro Loan Agreement related to your Eyecare Plan/s (and each of them) are complied with by the Bill Payer and payments kept up to date . Failure to keep up with payments due under the Adaro Loan Agreement by the Bill Payer will put your Plan at risk. The benefits of the Plan will cease if the Adaro Loan Agreement is not kept in force.
- Vision Express is an appointed representative of Adaro who are authorised and regulated by the FCA FRN 924690. The permissions of Adaro as a Principal firm allow Vision Express to act as a credit broker and not a lender.
- We are not authorised by the FCA to offer consumer credit.
2. HOW LONG YOUR PLAN LASTS
- Your Plan Term will begin on the Start Date and will continue until:
- you terminate your Plan (see Clause 6 and Clause 7 below); or
- we terminate your Plan (see Clause 8 below).
- Regardless of the status of your Plan, your Adaro Loan Agreements will continue until the Bill Payer has paid off all ofthe Outstanding Credit on that agreement or the agreement is otherwise terminated in accordance with its terms. The Eyecare Plan Insurance may start or end on different dates, and/or for different reasons, from the Plan Term.
3. YOUR PAYMENT FOR THE GLASSES
- Your Glasses will be paid for in accordance with the applicable Adaro Loan Agreement for those Glasses. Each Adaro Loan Agreement will set out the Bill Payer’s terms of payment for the Credit, including how much the Bill Payer is required to pay each month and when payment is taken.
- If you or the Bill Payer have any questions about paying for your Glasses, including if the Bill Payer is struggling with the monthly payments, please contact Adaro by phone 03303240077, by email email@example.com, or by writing to Adaro Optics Ltd, The Willows, Pattenden Lane, Marden, Kent, TN12 9QJ.
- NHS vouchers cannot be used in connection with payments in relation to the Glasses in any Plan but maybe presented in respect of NHS eye tests.
As is the case when purchasing Glasses outside of the Vision Express Eyecare Plan, the total amounts payable for the prescription Glasses and prescription sunglasses are separated into a charge for goods and a charge for dispensing services. This split will be shown on the receipt given at the till.
4. UPGRADING YOUR GLASSES & EXTENDING YOUR PLAN
- Each year during the Upgrade Period, you will be invited to select a new pair of Glasses from a participating Vision Express store which you can add into your Plan based on your latest prescription. Clauses 1(7)(a) and 1(7)(b) apply to the nature of the Glasses that can be added during the Upgrade Period. In order to add a new pair of Glasses into your Plan, one complete pair of Glasses will need to be removed from your Plan and will no longer be eligible for Vision Express Eyecare Plan benefits.
- If you choose to continue your Plan and enjoy its benefits by selecting a new pair of Glasses you or the Bill Payer will be required to enter into a new Adaro Loan Agreement for the Credit for those new Glasses. In order to enter into a new Adaro Loan Agreement you or the Bill Payer will need to successfully pass a new Credit Search and submit a new Adaro Loan Agreement application (subject to status).
- Subject to these Terms & Conditions, the new pair of Glasses that you purchase during the Upgrade Period as part of your Plan will qualify for the Vision Express free 100 day returns guarantee and the other benefits of the Vision Express Eyecare Plan listed in Clause 5, including free reglazes. The pair of Glasses that you remove from the Plan will no longer qualify for these benefits (for example, you will not be able to reglaze the pair of Glasses that you remove).
- Please be aware that removing a pair of Glasses from the Plan during the Upgrade Period does not remove the obligation from the Bill Payer to pay Adaro the amounts due to Adaro under the applicable Adaro Loan Agreement. The Outstanding Credit for the Glasses will continue to be payable, and must be paid, by you or the Bill Payer (as the case maybe) in full, even when a pair of Glasses has been removed from the Plan.
- If you do not select a new pair of qualifying Glasses from a participating Vision Express store during the Upgrade Period your Plan will end (subject to Clause 8 Our right to cancel) on expiry of the Plan Term and you will no longer be entitled to the Vision Express Eyecare Plan benefits from the end of the Upgrade Period. You or the Bill Payer will be sent a breakdown of the Outstanding Credit by Adaro and the option to either continue the monthly payments until the end of your Adaro Loan Agreement(s) or to pay off the Outstanding Credit in one single payment in accordance with the applicable Adaro Loan Agreement(s).
5. VISION EXPRESS EYECARE PLAN BENEFITS
- With an active Plan you will have access to a number of benefits. We’ve listed some of them below, but for full details please speak to a member of staff at your local participating Vision Express store.
- Free 100 day returns guarantee: At Vision Express, we’re confident you’ll love your new Glasses, that is why we are proud to give you our free 100 day returns guarantee. If you change your mind, simply return them with proof of purchase within 100 days and we promise to exchange or refund your purchase. If you want to have higher-value specifications for your glasses (rather than exchange on a like for like basis) bought in store within the 100 day period, we’ll happily do that for you too - you just need to pay the difference). For full details of the benefits, you receive as part of our Free 100 day returns guarantee ask in store or see on our website. See also Clauses 6 and 7 of these Terms & Conditions about how to cancel your Plan if you return the Glasses to us under our Free 100 day returns guarantee.
- Free routine eye tests: Once every 2 years (or as your clinical need requires) you are entitled to a free routine eye test (including OCT where available in participating Stores) in your local participating Vison Express store during the applicable Upgrade Period.
- Free reglaze: Once every 2 years (or as your clinical need requires) during the applicable Upgrade Period, after you upgrade your Glasses in accordance with Clause 4, you are entitled to reglaze the prescription lenses in the Glasses that remain in your Plan. The reglaze will be to the prescription of your most recent eye test with like for like lenses based on the recommendation of your Optometrist.
- Free lifetime servicing is included in the Plan. For full details please ask in store.
Breakage and Loss Cover: in the form of the Eyecare Plan Insurance as explained in Clause 1(2)(c) above.
- You are only entitled to these benefits whilst you have a valid Plan in place, including that you must extend your Plan by making an Upgrade during each Upgrade Period in accordance with Clause 4. Any Glasses removed (or to be removed) from your Plan during the Upgrade Period will not qualify for these benefits.
6. YOUR RIGHT TO CANCEL IN THE FIRST 100 DAYS
- We hope that you will be delighted with your Glasses and the Vision Express Eyecare Plan. But if you no longer want to participate you can cancel your Plan, and the Bill Payer can cancel the Adaro Loan Agreement(s), within 100 days of the Start Date.
- In order to cancel, visit your local participating Vision Express store to return your Glasses with your receipt as proof of purchase in the same condition as when we sold them to you.
- If you change your mind and cancel within 100 days of the Start Date, any refund due to the Bill Payer will be made in accordance with the Adaro Loan Agreement relating to your Plan, usually within 14 days of cancellation to the payment method originally used by you or the Bill Payer (as the case maybe).
- If you wish to exchange and have alternative Glasses, such as with higher-value specifications, you or the Bill Payer will need to enter a new Adaro Loan Agreement (subject to status) and a new contract with us in accordance with these Terms & Conditions.
7. YOUR RIGHT TO CANCEL OUTSIDE OF THE FIRST 100 DAYS
- You can choose to cancel your Plan or the Bill Payer may pay off the Adaro Loan Agreement(s) at any time outside of the first 100 days. Please contact your local participating Vision Express store if you wish to cancel your Plan.
- The Bill Payer may make arrangements to pay off the Adaro Loan Agreement by contacting Adaro directly
- If you do not extend your Plan during the Upgrade Period in accordance with Clause 4, you will be treated as cancelling your Plan.
- When you cancel your Plan, or the Bill Payer chooses to pay off each of the Adaro Loan Agreements relative to your Plan/s, the bill Payer will be sent a breakdown of Outstanding Credit on each ofthe relevant Adaro Loan Agreements relating to your Plan/s and the option to either continue the monthly payments until the end of the Adaro Loan Agreement(s) or to pay off the Outstanding Credit in one single payment. The Plan will end upon cancellation and you will no longer be entitled to the Vision Express Eyecare Plan benefits from the point of cancellation even though the Adaro Loan Agreement may continue until all the Outstanding Credit has been re-paid.
- If the Bill Payer chooses to pay off the Outstanding Credit in one single payment your Plan will terminate automatically once payment is received in full. If the Bill Payer chooses to continue to pay off ther Outstanding Credit in monthly payments, subject to Clause 9, your Plan will continue until the end of the Plan Term when it shall end automatically.
- For further details about repaying the Adaro Loan Agreement(s) please contact Adaro using the details in Clause 11(3)
8. OUR RIGHT TO CANCEL
- We can cancel your Plan in the following circumstances:
- if you do not comply with these Terms & Conditions;
- if you or the Bill Payer does not comply with any or all of the Adaro Loan Agreements;
- if any monthly payments under the Adaro Loan Agreement fail to be paid when they are due;
- if you do not make an Upgrade in accordance with Clause 4.
- To cancel your Plan, we will contact you using the details you have provided to us for the Vision Express Eyecare Plan.
- If your Plan is cancelled by us, you will automatically lose access to the benefits offered as part of this Plan. The Adaro Loan Agreement(s) will continue until the Bill Payer has paid off all Outstanding Credit in accordance with the applicable Adaro Loan Agreement terms. The Bill Payer will be sent a breakdown of the Outstanding Credit on each of the relevant Adaro Loan Agreements and details of how the Outstanding Credit can be repaid.
9. OUR LIABILITY TO YOU
- We are under a legal duty to supply goods and services that conform to our contract with you.
- We will be responsible to you for losses that are foreseeable, or damage that you may suffer as a result of us being in breach of the Plan, or as a result of our negligence. Loss or damage is “foreseeable” only if it is an obvious consequence of our breach or negligence, or if it is contemplated by you and by us at the time when the Plan is formed. We will not be liable to you for loss or damage that is not foreseeable.
- We will not be responsible for any failure or delay in performing our obligations under this Plan where the failure or delay results from any cause that is beyond our reasonable control.
- Nothing in these Terms & Conditions or the Plan seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for anything that cannot be limited or excluded by law.
- Nothing in these Terms & Conditions or the Plan seeks to exclude or limit our liability with respect to your legal or statutory rights as a consumer. For more information about your legal rights and what remedies you may have if something goes wrong, please contact us using the details below. Alternatively, you could contact your local Citizens Advice Bureau or Trading Standards Office.
- We are not liable to you if your Plan is cancelled because the Bill Payer where that person is a different person to you, failed to make any payments due under any Adaro Loan Agreement/s..
10. OUR USE OF YOUR PERSONAL DATA
- By signing up to the Plan you agree:
- that we may process your personal data for the purposes of providing the Glasses and in order to manage the Plan and perform the services included in the Plan to you.
- that we may provide your or the Bill Payer’s personal data to: (i) Adaro, in order that they can assess your’s or the Bill Payer’s application for Credit and for purposes of concluding the Adaro Loan Agreement; and (ii) to the credit reference agency appointed at the time, for purpose of performing a Credit Search; (iii) To a courier/delivery company where you elect to have the Glasses delivered to your nominated address; and (iv) to the insurer under the Eyecare Plan Insurance.
11. CONTACT DETAILS & COMPLAINTS
- We hope that you are happy with the Vision Express Eyecare Plan, but if you have any comments or concerns, we would welcome your feedback.
- You may contact us either in person at your local participating Vision Express store or by writing to us at Customer Service Department, Vision Express, Ruddington Fields Business Park, Mere Way, Ruddington, Nottingham, NG11 6NZ, United Kingdom.
- If you or the Bill Payer have any questions about paying for your Glasses, including if you or the Bill Payer are struggling with the monthly payments under any Adaro Loan Agreements, please contact Adaro by phone 03303240077, by email firstname.lastname@example.org, or by writing to Adaro Optics Ltd, The Willows, Pattenden Lane, Marden, Kent, TN12 9QJ.
12. OTHER IMPORTANT TERMS
- We may transfer or assign our obligations and rights under these Terms & Conditions (and under the Plan) to a third party (e.g. if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms & Conditions will not be affected and our obligations under the Plan will be transferred to the third party who will remain bound by them.
- You may not transfer or assign your obligations and rights under these Terms & Conditions or under the Plan without our written consent.
- The Plan is between you and us. With the exception of Adaro, the Bill Payer or a Child of yours, it is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms & Conditions.
- If any of the provisions of these Terms & Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms & Conditions. The remainder of these Terms & Conditions shall be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms & Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms & Conditions means that we will waive any subsequent breach of the same or any other provision.
13. GOVERNING LAW AND JURISDICTION
- These Terms & Conditions, the Plan, and the relationship between you and us and any claim or dispute (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 13(1) takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, proceedings or claim between you and us relating to these Terms & Conditions, the Plan, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and wherever you live you can bring claims against us in the English courts. . If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
14. Your Data
- We will be sharing your and the Bill Payer’s data with Adaro for the purposes of the application for an Adaro Loan Agreement and by continuing with the purchase of your Glasses through the Plan you and the Bill Payer are consenting to us using your data in this way.
“us” / ”we” / “Vision Express” means
Vision Express (UK) Limited
company registration number 02189907
registered office: Ruddington Fields Business Park, Mere Way, Ruddington, Nottingham NG11 6NZ.
Financial Services Register Number 968379.