Simply Vision Optician - Terms & Conditions

Simply Vision Terms and Conditions

These Terms and Conditions are effective from 1 October 2020 until further notice.

Welcome to the Simply Vision website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy & Cookie Policy govern the Simply Vision relationship with you in relation to this website.

1. Definitions:

The term Simply Vision or "us" or "we" refers to the owner of the website: Simply Vision Ltd. The term "you" refers to the user, viewer of our website.

2. Terms of Use:

The content of the pages of this website is for your general information and use only. Your access to, and use of, the Site constitutes your acceptance, without limitation or qualification, of these Terms of Use. If you have any questions about our Site terms please contact us.

Please note that it is subject to change without notice and Simply Vision may discontinue any aspect of the Site at any time. Neither we nor any third parties provide any warranty or guarantee as the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Simply Vision reserves the right to terminate your secure log-in and suspend your access to secure areas of the Site upon becoming aware that you have breached these Terms of Use.

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.

Your use of any information or materials on this website is entirely at your own risk, for we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

Reproduction is prohibited other than in accordance with the copyright notice, which forms parts of these Terms and Conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

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You may not create a link to this website from another website or document without Simply Vision prior written consent. Your use of this website is for visitors who wish to find out more about Simply Vision and consumers who wish to purchase Simply Vision products and any dispute arising out of such use of the website is subject to the laws of England and Wales.

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General Information

The headings are for convenience only and shall not affect the interpretation of this Agreement "including" means including without limitation.

You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this Agreement.

The Contracts (Rights of Third Parties) Act 1999 and any legislation amending or replacing this Act shall not apply in relation to these Terms and Conditions and nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.

These Terms and Conditions and any relevant Order accepted by Simply Vision constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions or any relevant Order accepted by 2020Triathlon.

Terms and Conditions cannot be waived, amended or changed by any representative of Simply Vision unless expressly agreed to by ‘us’ with you in writing. Failure by either party to assert its rights in relation to any breach of these Terms and Conditions or any relevant Order on any occasion shall not be deemed a waiver of such rights.

If any provision of these Terms and Conditions and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms and Conditions.

These Terms and Conditions and any relevant Order are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them.

3. Patient/Customer Agreement

By submitting your order you are stating, confirming and are obligated to:

3.1 The order is placed for you and you alone and you are not ordering for a third party
3.2 That you are not registered blind or partially sighted
3.3 You are over the age of 16
3.4 Have a valid endorsed prescription by a registered Ophthalmic Optician, OMP and or Contact Lens Practitioner
3.5 The prescription that you enter or supply for Spectacles/Contact lenses is within:
- a. Two years of your last sight test date if over 16 years of age
- b. One year of your last sight test date if over 70 years of age
- c. One year of your last Contact Lens aftercare examination
3.6 You will allow us to contact your Optical Practitioner to verify and validate any prescription details supplied by you
3.7 You will provide an original scanned or faxed copy of your Contact Lens specification as verified in accordance with 1.4 before we are able to release your order for Contact Lens products
3.8 You provide us with the following information:
- a. Your gender for the purpose of average of pupillary distance
- b. You are resident in the UK
- c. Any relevant medical history with regard to your Spectacle/Contact lens wear such as allergies to metals, diabetes, glaucoma, or any problems you may have experienced with previous Contact Lenses or Spectacles
- d. The products you are purchasing are for your own personal use
- e. You are the credit/debit card holder and the mailing address reflects the delivery address

4. Ordering Products

You must place orders for products via:

4.1 The on Site order system
4.2 By email to shop@simplyvision.co.uk

When you submit your Order you are confirming:

4.3 The purchase of the products that you have selected
4.4 You have read the full terms and conditions of the site
4.5 You have agreed to provisions as set out in sections 1.1 to 1.8 inclusive

With reference to section 4 and its sub-sections Simply Vision will confirm receipt of your order via email. This is an acceptance of the contract to supply you with products, which becomes binding once the products have been dispatched to you from us.

You are able to change any details at any time until your order is dispatched to you by contacting us as early as possible via email.

5. Limitations

5.1 We shall endeavour to fulfil all orders according to our Terms of Supply however we cannot give a 100% guarantee of the availability of products
5.2 In the unlikely event that a product is not available we will contact you and offer an alternative or a full refund
- 5.2.1 If we do not receive a response from you we will assume acceptance of our alternative solution and you will be charged accordingly or at our discretion we will cancel the order and you will be refunded
5.3 If an order is placed via email and we feel it necessary before processing and completing the order we shall:
- 5.3.1 Contact you for further information and or clarification on any matters arising with regard to your prescription
- 5.3.2 Contact your registered medical practitioner to validate any details we deem necessary to complete your order

We will not supply any products under the following conditions:

5.4 Single Vision correction that has a combined prescription of over +/-8.00 dioptres and any prescription that has cylindrical powers of more than +/- 2.00 dioptres or if the difference between the right eye prescription and the left eye prescription is more than 1.50 dioptres

Copyright Notice

All content appearing on this Web site is the property of Simply Vision Ltd

As a user, you are authorised only to view, copy, print, and distribute documents on this Web site so long as:

The document is used for informational purposes only and documents may not be reproduced for any commercial or public purpose by you or provided by you to any third party without the express written permission and or consent of Simply Vision Ltd

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Simply Vision. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Simply Vision or any third party, except as expressly granted herein. You must not use the Simply Vision name.

Force Majeure Clause

Simply Vision shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control.

Force majeure means any circumstances not foreseeable at the date of this contract and not within the reasonable control of the party in question including, without prejudice to the generality of the foregoing, strikes, lockouts, shortages of labour or raw materials, civil commotion, riot, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster, import or export regulations or embargoes, labour disputes.

Legal Notice

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.