Achrolenses.com Terms & Conditions of Supply & Website Use
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE ACHROLENSES.COM WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST REFRAIN FROM USING OUR WEBSITE.
You should understand that by ordering products and services from Achrolenses.com website, you enter into a legally binding contract with Best Supply which you agree will be governed by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions you must refrain from using or ordering products from the Achrolenses.com website.
The website www.achrolenses.com (“our website”) is owned and operated by Best Supply, a company registered under National Register of Business Entities Number (REGON) 221032836, having its seat in Malkowo, Poland, ul. Parkowa 9, postal code 83-330 (referred to in these Terms and Conditions as “Best Supply”, “we”, “our” and “us”).
Best Supply supplies tinted contact lenses and other products supporting people with Achromatopsia via its website, via telephone, via e-mail and in person. In making such supplies, Best Supply may outsource some of its supplies to third party contractors. However, Best Supply will remain contractually bound by these Terms and Conditions in respect of any products or services supplied to you via its website, over the telephone or by email/in person.
These Terms and Conditions set out the entire agreement between you and us in respect of all services and goods provided to you by us.
2. Website Use and Communications
You are permitted to view and download our website www.achrolenses.com (including sub-pages within the same internet domain) for your personal use only and only in accordance with these Terms and Conditions. We may change, suspend or terminate our website at any time without liability or notice. We may also restrict your access to sections of or to our entire website without liability or notice.
You agree to use our website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our website by any third party. In particular, you must not attempt to interfere with the proper working of our website, and you must not attempt to tamper with, hack into or otherwise disrupt any computer system, server, router or any other internet connected device associated with our website.
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you provide us with your contact details, you consent to receiving communications from us using that contact information (e.g. if you have provided us with your telephone number, you consent to us communicating with you via the telephone).
We may include content from carefully selected third parties in our communications. Personally identifiable information will not be shared without your consent.
When you place an order for our products with us, you consent to receiving ongoing communications from us that, in our professional judgment, we believe are required / would enhance your ability to use our products compliantly, cost effectively and safely.
3. Intellectual Property
Our website, whether in part or as a whole, and all associated content are protected by copyright and other intellectual property rights which are either owned by us or used by us with the permission of their owners.
You may view the content of our website or associated content on screen or store such content in electronic form on a disk, and are authorised to download such content for that purpose.
You are authorised to download, use and/or copy material published on our website solely for your own personal use. You may not otherwise reproduce, copy, disseminate or otherwise use the content of our website or any associated content for commercial purposes or any other purpose. Our rights are reserved.
All proprietary rights in any trade marks (whether registered or unregistered) or service marks, including logos, appearing on our website are owned by us or are used by us with the permission of their owners. Nothing contained on our website shall be construed as granting any licence or right to use any such trade mark, service mark or logo for any purpose whatsoever.
4. Your Status, Responsibilities and Website Registration
By corresponding with us and/or by registering your details on our website you confirm to us that you
• Are 16 years of age or older.
• Are able legally to enter into a binding contract
• Have completed our registration procedure.
• Have ensured that the details you provided during the registration process on our website are complete and accurate.
• Agree to inform us immediately of any changes to the details you have provided to us during the registration process by updating your account through our website, via telephone or via e-mail. Failure appropriately to update your details will be a breach of the contract between you and us, and we cannot be held responsible for any loss or damage you suffer as a result of your failure to provide us with correct and up-to-date information.
• Will follow all instructions for use of our products supplied by us to you as stated on the product(s), enclosed with any product(s) and/or any instructions provided to you by us.
• Undertake that any order placed by you is in respect of your own needs and requirements and that you are not ordering any products for another person.
5. Your Order and Our Acceptance – Contract Formation
• Your order does not by itself complete a contract between you and us. Instead, in placing an order through our website you make an offer to us. A binding contract will only be formed between you and us once we have accepted your offer. We are not obliged to accept any offer that you make, we may refuse to accept an offer for any reason whatsoever (including but not limited to inability to take payment from you), and we will have no liability in respect of refusing or otherwise failing to accept any offer from you. No term of these Terms and Conditions may be construed as creating an obligation on us to accept any offer from you.
• After you place an order with us and make appropriate payment, you will receive an e-mail confirming your order. This Order Confirmation e-mail will confirm the products that you have ordered from us. The Order Confirmation e-mail will also include details of delivery (e.g. delivery address and delivery estimate). Please note that when you receive this Order Confirmation e-mail, we are accepting your offer and a contract is formed between you and us at this stage. At this point only will a legally binding contract be concluded between you and us.
• In the event that your order is refused after payment is taken, the payment will be refunded in accordance with clause 11 below.
• Each separate supply of our products to you shall constitute a separate contract between you and us subject to these terms. The fact that we may have previously accepted an order placed by you is not an indication that we will continue to accept orders in the future and we have no obligation to accept such future orders.
• In the event that an order placed pursuant to our Terms and Conditions is returned, any free gifts advertised on our website in connection with that order must also be returned together with the order and to the same return address (see clause 10 and 11).
6. Prices and Payment
• The prices you will pay for any products ordered through our website are listed on our website at the time you place your order, except in cases of error.
• For customers located within the European Community the prices of products shown on the website include VAT.
• For customers located outside of the European Community the prices of products shown on the website are correct and displayed in full.
• The prices shown on our website do not include postage costs. The postage costs for your order will be shown to you at the time you make that order.
• We may change the advertised prices of services and goods displayed on our website at any time without liability or notice. Such price changes will not affect orders which have already been confirmed (that is, orders in respect of which a binding contract has been formed). If the price changes after an order has been submitted, but before that order is accepted and dispatched, you may be charged the new price (i.e. the price after the change was made).
• Our products advertised on our website, despite best efforts, may be incorrectly priced. As no contract is concluded between us and you until we have accepted your order, we are under no obligation to supply to you at an incorrect price. If we have advertised an incorrect price and you have placed an order based on that price, we may, at our absolute discretion, either contact you to notify you of the error and to ask whether you wish to continue with your order on the basis of the correct price, or reject your order and notify you that we are rejecting it. If you indicate to us in response that you wish to continue at the correct price, your new order at the correct price will be treated as an offer and processed in accordance with clause 5 above.
• You may be responsible for the payment and processing of any applicable import duties associated with orders made through our website. We will not be liable for any breaches of laws and regulations of the countries to which products are delivered.
• Payment for services and goods purchased from our website must be made through one of our chosen payment services providers, a list of which will be found on our website.
• In order to make a payment through one of these providers, you will need a credit, debit card or a PayPal account. From time to time, we may change the providers through whom we will accept payments. If we do so, we will update the list of providers accordingly.
• Your credit or debit card will be charged at the time that the order is placed, though, as detailed in clause 5 above, no contract is formed between you and us at this time. In the event that your order is refused for any reason after payment has been taken, a refund will be made in accordance with clause 11 below.
7. Auto Re-Order
• The Auto Re-Order service offered by Achrolenses.com allows you to opt in to an automated re-ordering service that creates orders on your behalf at intervals selected by you. All Auto Re-Order orders are treated as standard orders once created and are subject to our entire Terms & Conditions.
• By accepting our Terms & Conditions, you instruct “Best Supply’ trading using Achrolenses.com website to take the payment due on the day the Auto Re-Order is created on your behalf. Payment will be taken from the card details provided by you.
• All Auto Re-Order orders will be dispatched via courier selected by us.
• You can amend your Auto Re-Order settings or disable your Auto Re-Order by calling us or via our website.
• If payment for an Auto Re-Order order is unable to be taken for any reason, we will attempt to take payment for your Auto Re-Order order again at a later time. If payment is still unable to be taken then we will contact you for updated payment details.
• All discounts shown for the auto re-order service are subject to change.
• Prices for services and goods may be changed at any time without liability or notice.
• Delivery will be made to the “Shipping Address” specified when you placed your order. The Shipping Address is displayed on the “Confirm Order Details” page of our website. It is your responsibility to check and confirm that the Shipping Address is correct. Once confirmed you will receive an Order Confirmation e-mail from us. If the Shipping Address is not correct you assume responsibility for the error and we cannot be liable for any loss or damage caused by that incorrect Shipping Address.
• We cannot guarantee that the products contained in your order will be in stock at all times and this may cause a delay in delivery. However, we will endeavour to deliver any products forming part of your order within a reasonable time.
• We do not accept responsibility for delays or failures resulting from circumstances beyond our control, including, but not limited to, mechanical breakdowns, traffic delays and the weather.
9. Risk and Passing of Ownership to Customer
• The full ownership of any products that 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.
10. Cancelling your Order
• Purchases from the Achrolenses.com website are subject to a period within which you have the right to cancel your contract with us and return any products that you have purchased, irrespective of whether those products are in any way defective or not in conformity with your order. The period runs for 7 working days from the day after the date of delivery of the products to you (where a working day is any day which is not a Saturday, Sunday or Public Holiday celebrated in your country).
• In order to exercise your right to cancel under the clause above, you must return the products unopened and unmarked in their original packaging to us at the shipping address provided on our website. You will be liable to pay the postage and packaging costs of returning the goods.
• The cost of the products returned, but not the cost of postage and packaging, shall then be refunded to you in accordance with clause 11 below.
• You may return a product to us so long as it is in its original packaging. We will examine the returned products and notify you via email or telephone whether they are in an acceptable condition for a refund to be granted. We will then process a refund of the costs of the products, but not the costs of postage and packaging for the delivery, in accordance with clause 11 below. The return of a product is at your own risk.
• In addition, if a product supplied by us is in any way faulty or does not conform to your order, you may return it to us at the address given above, including a note specifying the fault or difference from your order and whether you would prefer a replacement or a refund. We will examine the returned products, and if we are satisfied that they are in fact faulty or not in conformity with your order, we will provide, according to your choice, either (i) a replacement product, for which we will not charge additional postage and packaging; or (ii) a refund in accordance with clause 11 of the costs of the products and postage and packaging. Faulty contact lenses must be returned for analysis in a lens case with some lens solution in order to receive a replacement or a refund in the event that they are in fact faulty.
• Refund of monies will occur by the same method that was used to make the initial payment to us (e.g. via the same credit or debit card you used to purchase the services and goods from us).
• We aim to process any refunds as soon as possible after either an order is refused or products are returned to us. We will make any appropriate refunds within 28 days of refusal of an offer or acceptance by us that a refund is due in respect of returned goods.
• We will have no liability to pay interest on any amounts refunded.
13. Links & Adverts
Our website provides links to other third party websites and resources. These third party websites are not under our day to day control. When you click through to these websites you leave the web pages from our control. We cannot accept any responsibility whatsoever for any issues that you may face or any losses that you may suffer which arise from the use of third party websites that are linked to from our website or which link to our website. Any such warranties are disclaimed by us absolutely. This disclaimer does not affect your rights against any third party. We advise you to read the terms and conditions and privacy policies of each website that you click through to from our website before using them. We may notify you when a third party is involved in a transaction in connection with a contract formed under these Terms and Conditions and we may disclose your personal information related to that transaction to that third party seller.
14. Written Communications
When using our website, you accept that some communication with us will be electronic. It is your responsibility to read the information we send you. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government; and
• pandemic or epidemic.
Our performance under any contract between you and us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Our Liability
• Our liability in connection with the purchase of any products from us is strictly limited to the purchase price of those products. Although we take all reasonable steps to protect our systems and software against computer viruses, bugs, Trojan horses and/or other defects, we assume no liability and shall not be responsible for viruses or any other disabling features that affect your computer as a result of using our website, nor for any delays or failures you may experience in connection with, nor any modification, suspension or termination of our website.
• We shall only be liable for losses you suffer in connection with a breach of these Terms and Conditions which could be foreseen at the time when an order was placed. Foreseen is defined as where they could have been contemplated by both you and us acting reasonably.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a contract between you and us are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. Law and Jurisdiction
These Terms and Conditions are governed by the law of Poland. Any disputes arising in connection with these Terms and Conditions shall be resolved before the courts of Poland.
20. Right to vary these Terms and Conditions
We have the right to amend these Terms and Conditions at any time without any prior notice or liability.