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| Terms and Conditions of Use and Sale |
GTC
This site is proposed by Opticshop s.à r.l., a company governed by Luxembourg law and registered under number B 151651 with the Trade and Company Register of Luxembourg ("Opticshop").
1.General
Opticshop uses its website to provide you with information, documents, software, diverse products and services (the "Products and Services") covered by the general terms and conditions for use and sale set out in this document (the "General Terms and Conditions"). The aim of Opticshop is to transmit information that is up-to-date and correct, however the risk of material errors occurring is not excluded. The photos and illustrations relative to the Products and services are displayed for information purposes only, and are not binding.
Opticshop reserves the right to modify the General Conditions and prices at any time. Use of the Website will be covered by the most recent version of the General Conditions, available on the Website at the time of use. In addition, the Products and Services may be subject to further directives or special conditions. Any such directives or special conditions are added to and included by reference in the General Conditions. If you do not adhere to any of the General Conditions, your use of the Website will be automatically terminated.
2.Ordering
You may only place an order if you are at least 18 years old.
By clicking on the "place order" button you definitely confirm the order of the products in the shopping basket.
All orders will receive confirmation via email as soon as possible. The contract between you and Opticshop is considered valid from the moment you are capable of accessing the confirmation message.
By placing your order, you also certify that:
You have already used the same contact lenses, which were originally prescribed for you by an ophthalmologist or an optician or an optometrist; or
You have been examined by an ophthalmologist or an optician or an optometrist during the past 6 months, and received from your practitioner, a prescription for the Products and Services mentioned on your order.
Therefore, you acknowledge that if any complications should arise from wearing the contact lenses you have ordered from Opticshop (eye irritation, declining vision, reddening, etc.), Opticshop may not be held responsible. In case of complications, you agree to see an ophthalmologist or an optician or an optometrist without delay.
Contact lenses must be cleaned and cared for according the instructions provided by your ophthalmologist or your optician or optometrist, and the manufacturer's instructions. The recommended wearing time and expiry date must be respected. Regular supervision by an ophthalmologist or an optician is imperative.
Opticshop will not be held responsible for any unsuitable use of the Products and Services.
3.Price
The prices shown on the Website may change without prior notice. Prices are expressed in Euros and include VAT, but do not include shipping costs, which are mentioned separately.
The prices applied for the sale of Products and Services proposed on the Website will be those current at the time of ordering, if available stocks allow. Postage and packaging costs will be mentioned at the time the order is place. Postage and packaging costs vary according to the product or products ordered, their weight, volume, the transport provider and the delivery address.
For shipment to countries outside EC, customs duty may be charged by the local authorities and must be payed by the buyer.
4.Means of payment
All orders must be payed in advance, by credit card or by bank transfer.
Credit card payments are made via a secure electronic payment service provided by a third party responsible for checking your bank details. For the payment to be successful, the computer equipment and software you are using will need to allow the use of this service.
If the bank details you provide are not correct, or if your solvency cannot be confirmed, your order will automatically be cancelled.
5.Delivery and delivery time
Deliveries are made to the address you provide when you place your order. It is up to you to check immediately that the contents of your order are correct at the time of delivery.
We send you an invoice by email.
All sunglasses are delivered with their original case, as far as the manufacturer has foreseen such a case.
Any delivery time that may be mentioned is given as an indication only. Late deliveries will not justify any claims for payment to be made in your favour.
The delivery is deemed to have been made, once the product has been made available by the transport provider. The delivery date is the date indicated by the transport provider or by the postmark.
6.Right of withdrawal
You have a period of fourteen business days from the date of delivery of the goods, during which you may withdraw from the purchase agreement, without giving any reason for your decision, and return the goods to Optimol at your own expense. Opticshop must receive notification of your withdrawal by mail or by email, to be sent to the address featured on the invoice.
Products and Services which have been opened or damaged, or which came into effect before the end of the withdrawal period, just as contact lens solutions cannot be returned.
7.After sales service,return and refund
Products must be returned carefully sealed in their original packaging, together with a copy of the invoice relative to the purchase in question, to the following address:
Opticshop s.à r.l.
14, rue Beck
L-1222 Luxembourg
Contact lenses returned for reasons of non-compliance must be stored in a suitable contact lens container, immersed in the correct care product. Otherwise, the manufacturer cannot carry out a compliance test and the returned product will automatically be rejected. In case of rejection by the manufacturer, the goods will be, according to your instructions, or destroyed or sent back to you at your expense, and no refund will be given.
When you return goods as a result of your withdrawal or for reasons of non-compliance, you must provide Optimol with your full bank account details, so that your purchase can be refunded (please include the name of the bank, the name of the account holder, the BIC code and the account number set out in IBAN format). You will receive your refund within 30 days of returning the goods as instructed above.
8.Responsibility limitation
You access the Website via the Internet communication network. You acknowledge and accept the risks involved. You must take precautions against the effects of computer piracy by adopting a suitable, secure IT configuration, by using regularly updated anti-virus software. Opticshop can in no way be held responsible for any damage you may suffer during or after your visit to the Website.
Opticshop reserves the right to terminate the supply of some or all of its Products and Services at any time.
Opticshop strives to limit as far as possible any inconvenience resulting from technical or clerical errors. However, the Website cannot be error-free, and it is therefore impossible to guarantee that the Website will not be interrupted or otherwise affected by such problems. Opticshop declines all responsibility for problems of this type that may result from the use of the Website.
As far as allowed by the legislation in force in your country of residence, Opticshop is not responsible for damage that may occur during the shipment of merchandise. If goods have been damaged during shipment, it is recommended not to use them. If they are not delivered on time due to an error on the part of the transport provider or because the manufacturer or supplier has a rupture of stock, Opticshop cannot be held accountable. In either case, the responsibility of the transport provider should be called into question.
It should be expressly noted that Opticshop does not manufactures the glasses and contact lenses sold via the Website, but these are first acquired from a general supplier or from the manufacturer itself, then resold.
Opticshop may not be held responsible for any non-execution of its obligations in case of a force majeure, including, but not restricted to, natural disasters, strikes, fire, flood, unavailability of means of transport and communication.
In any case, the responsibility of Optimol is limited to the value of the order you have placed.
9.Guarantee
All the products sold by Opticshop are guaranteed by the manufacturers themselves. Optimol further guarantees the compliance of Products and Services, and guarantees the buyer against hidden defects.
Therefore, except where specified in the provisions of these General Terms and Conditions, Opticshop declines any guarantees, as far as allowed under the applicable regulations.
10.Intellectual property
The Website, all its components and the Products and Services are protected by intellectual property laws, especially copyright and brand law.
Except where otherwise specified, Optimol does not grant any licence or permission relative to the intellectual property rights that it or another party has, pertaining to the Website, its components, or the Products and Services. No reproduction of any kind or by any means, whether total or partial, of the Website, its components, or the Products and Services, is permitted without prior written permission from Opticshop.
Except where otherwise specified in any other part of the Website, you may consult, download and print the available documents (forms, for example) and information, on the following conditions:
The documents are to be used strictly in the private sphere only, for your personal information;
The documents and information may not be altered in any way; and
The documents and information may not be distributed outside the sphere of the Website.
The rights accorded to you above constitute permission for use. They in no way represent an assignment of property rights or other rights related to the Website. In addition, the layout of the website is not included in this usage licence.
11.Hyper links and related sites
Only simple, surface links (which indicate only the URL of the Website) as opposed to deep links to the home page of the Website are allowed.
In no circumstances, will Opticshop tolerate its Website being in any way, either partially or completely, included in another website, using framing or inlining insertion techniques, for example.
Opticshop does not systematically check the content of the websites linked to its Website. It therefore cannot be held responsible for the content of other websites, whether for questions of legality or reliability of the information they contain.
12.Personal details
All the personal details you provide on the Website ("Details") are treated in compliance with the Luxembourg law of 02-Aug-2002 pertaining to the protection of individuals during processing of personal data.
When the use of the Website requires you to provide personal data, you agree to supply correct, up-to-date and complete data (including your bank details, to allow invoicing of Products and Services) and to update these whenever necessary. You recognise that Opticshop will only be able to provide you with Products and Services if the information you provide meets these criteria. If you provide false or misleading information, Opticshop has the right to suspend the supply of all or part of your Products and Services, without incurring any liability itself.
This Data will only be used to allow you to use the Website and to acquire the Products and Services it proposes. The Data will not be used for any other purpose and will not be kept in the Opticshop systems any longer than necessary for the realisation of these objectives and in order to comply with all the legal obligations to which Opticshop is bound. It is mandatory that you provide this Data, since Opticshop is unable to provide the Products and Services without them.
Opticshop reserves the right to transmit the Data to a third party, such as sub-contractors for maintenance of the information systems or electronic payment service providers only, with your prior agreement or if required by the law or an authorised body.
Opticshop takes all the necessary precautions to ensure the security of this Data. However, it cannot protect against all the risks involved with using the Internet. Therefore, when you provide your Data, you are aware that other Internet users may be able to see them.
According to the law, you have the right to access, modify or oppose the treatment of Data that concerns you. To exercise these rights, please contact Opticshop by electronic mail at the following address: webmaster@opticshop-online.com or by regular mail at the following address:
Opticshop s.à r.l.
14, rue Beck
L-1222 Luxembourg
Where possible, in all correspondence with Opticshop, please indicate the date of your last order.
13.Cookies
A cookie is a small file stored on the hard disk of your computer, which records certain data about your visit to the website, in order to determine which Products and Services you are most interested in, as well as other preferences such as your chosen language. Opticshop uses cookies for the sole purpose of improving its Website and its Products and Services, and to gather statistics. Cookies are not programs that can be executed and they do not transmit viruses.
Most navigators are configured by default to accept cookies. You can also configure your navigator to notify you when it receives cookies, so that you can choose whether or not to accept them. If you choose to refuse them, you may not be able to access certain pages, which require the use of cookies.
Also, our system automatically records the IP address of your computer. This information does not identify you personally and you remain anonymous, except if you have provided Data about yourself.
14.Interpretation and divisibility
Any stipulation of the General Terms and Conditions which goes against a mandatory or public order provision in your country of residence, must be interpreted as being increased or decreased in order to respect the reglementation. If it is impossible to do so, the parties agree to try to replace it by a similar, legally acceptable stipulation.
If any stipulation of the General Conditions were to be considered null and unwritten and could not be replaced, this would not adversely affect the validity of the other stipulations of the General Terms and Conditions.
15.Applicable law and competent authorities
This Website is intended exclusively for residents of the following countries: all countries of the Europeen Cummunity, Switzerland, Lichtenstein and Norway.(the "Targeted Countries").
If you choose to continue visiting the Website from a country other than one of the Targeted Countries, you acknowledge that you do so on your initiative and you alone have responsibility for the respect of the laws that apply in your country. Opticshop does not guarantee that its Website can legally be used in countries other than the Targeted Countries.
Except where another law is partially or totally applicable, especially police laws and laws pertaining to consumer protection, this contract is subject to Luxembourg law and any litigation related to the use of the Website that cannot be settled out of court, will be subject to the exclusive authority of Luxembourg city tribunals.
Copyright © 2010 Opticshop s.à r.l. ( Ltd.) All rights reserved
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