Terms & Conditions
“The Company” or “us” or “we” refers to the owners of this Website, namely Eyewearthese Ltd whose registered office is xxx with company registration number xxx
“You” refers to the user or viewer of our Website.
“Products” refers to the products available through this Website.
“Website” refers to eyewearthese.com
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website and the Products without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. Furthermore, from time to time, we may restrict access to some parts or all of this Website.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any Products or information available through this Website meet your specific requirements.
You must not misuse this Website.
This means, inter alia, that you will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content:
This Website contains intellectual property rights which remains the property of the Company or its licensors. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by the Company or its licensors. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of the Company.
5. Eligibility to Purchase & Orders:
By placing an order you are offering to purchase a product on and subject to these Conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery notice for further information.
In order to contract with the Company you must be over 18 years of age, legally able to enter into binding contracts and possess a valid credit or debit card issued by a bank acceptable to us. The Company retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
6. Consumer Rights:
If you are contracting as a consumer, you may cancel an order at any time within 30 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below). As prescription lenses are a bespoke item, once ordered this element of the order cannot be cancelled or refunded.
To cancel an order, you must inform us via email and return the Product(s) to us immediately to the address provided by our customer services team or the address listed in the returns form, in the same condition in which you received them, and at your own cost and risk. Prior to dispatch you should complete our Returns Form and include this in the returns package.
This provision does not affect your statutory rights.
7. Refunds Policy:
When you return a Product to us (for instance, because you have cancelled the order or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We can only refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you within 48 hours of receiving the return, in any case, within 14 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Products returned by you within the 14 day period referred to in the section entitled “Consumer Rights” will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
8. Pricing and Availability:
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible 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. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
10. The Products:
For all customers:
By placing an order you are confirming that you will comply with all the instructions for use to be found on the user instructions supplied by the Products or as otherwise directed by your optician and you know of no reason why the Product you are ordering would not be appropriate for you.
For contact lenses customers:
We undertake to supply you with the exact type and brand of contact lens prescribed by your optician in the contact lens prescription sent by you to us. While we use our reasonable endeavors to ensure that lenses of the correct prescription are supplied to you, you should confirm that the identifying lens prescription description notified to you by is accurate and correct for your current eye condition. We can accept no responsibility for your lack of suitability to wear contact lenses as detailed in the prescription, or for your overall suitability to wear contact lenses.
By placing an order you are confirming and undertaking that:
You will comply with all the instructions for use to be found on the user instructions supplied by the Products or as otherwise directed by your optician.
You have a valid current contact lens prescription which has been issued within 12 months prior to placing your order with us and that you are neither blind nor partially sighted.
You have not been advised to stop wearing contact lenses by an eye care or medical practitioner and have not, within the last 12 months suffered from any eye condition requiring treatment.
If we are not satisfied with your ocular health or consider that the replacement contact lenses requested according to the specification provided to us are not clinically suitable, we retain the right not to supply those products to you.
You will not attempt to wear any lens where the lens prescription does not match your current lens prescription and that the left and right lenses should be worn only in the corresponding eye.
You have a contact lens check at least once in any period of twelve months or more frequently, if recommended by your optician.
You consent to us contacting your optician or contact lens practitioner to verify your contact lens specification if necessary, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or contact lens practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order.
You are not experiencing any discomfort with the contact lenses you are currently prescribed to wear.
The order placed through this Website represents a request for contact lenses by you for your own personal use only.
For Prescription glasses and prescription sunglasses customers:
By placing an order you are confirming that you have a valid current glasses prescription issued by a registered optician or ophthalmic medical practitioner for the glasses which you are ordering. The person these glasses are for is over 18 years old, not registered blind or partially blind and their prescription is not over 2 years old.
11. Disclaimer of Liability:
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Unless expressly stated to the contrary to the fullest extent permitted by law, the Company and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the other linked websites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, by statute or otherwise.
This does not affect the Company’s liability for death or personal injury arising from its gross negligence, nor for fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.
12. Linking to this Website:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
13. Other websites:
14. Disclaimer as to ownership of third party trade marks and third party copyright:
Except where expressly stated to the contrary all third party trade marks and images of third party products appearing on this Website are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to, it is used solely to describe or identify the Products and is in no way an assertion that such Products are endorsed by or connected to the Company.
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Conditions.
Please let us know if you have any complaints or comments. We operate a complaints handling procedure which we will use to try to resolve any disputes that may arise.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss incurred by you as a result of this Website. We do not limit in any way our liability by law for death or personal injury caused from our gross negligence or willful misconduct.
18. Risk and Passing of Ownership to Customer:
The full ownership of the Products you order will pass to you on delivery of the Products subject to us having received the full payment for those Products
The Products will be held at your risk from the time of delivery
19. Transfer of Rights and Obligations:
This is an agreement between you and the Company. You may not transfer, assign or charge any of the rights and obligations that you undertake without our prior written consent. However, we may transfer, assign or charge any of our rights and obligations without any notice or further liability to you.
20. Alteration of Service or Amendments to the Conditions:
We reserve the right to make changes to our Website, policies, and these Conditions at any time. You will be subject to the Conditions in force at the time that you use the Website or that you order Products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
21. Saving Clause:
If any of these Conditions should be or become invalid or unenforceable, in whole or in part, the validity of the remainder of the Conditions shall not be affected thereby.
22. Events beyond our reasonable control:
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
23. Non-Waiver: Failure by us to insist upon strict compliance with any of the Conditions shall not be construed as a waiver or release of our rights to insist upon such compliance and no custom or practice hereto in conflict with the Conditions hereof shall constitute a waiver of our right to demand strict compliance with these Conditions.
24. Entire Agreement:
These Conditions and any amendments thereto constitute the entire agreement between you and the Company and supersede any negotiations, oral or written commitments, representations, undertakings or promises not contained herein between you and the Company.
25. Governing law and jurisdiction:
These conditions are governed by and construed in accordance with the laws of Malta, and you agree to submit to the non-exclusive jurisdiction of the courts in Malta.
Thank you for visiting our Website.