You agree that, by ordering any of our products from our website, by phone or in store, you will be bound by these Terms and Conditions of Purchase.
1 – General Provisions
1.1 These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made online at www.vision2opticians.ie, (“the Website”) and any representations made to you instore and to any agreements concluded between you and OMRC Opticians Limited trading as Vision 2 Opticians.
1.2 By placing orders through this Website you are offering to contract for the supply of healthcare products (including prescription glasses, contact lenses, sunglasses, accessories and related products, (also described in these terms and conditions as “goods” or “products”)). Details of the entity with which you are contracting by ordering through this Website will be selected by you in the order process before you finalise your order placement.
2 – Placing an order; acceptance of an order
2.1 The display of any items or promotions on this Website shall be construed as an advertisement and not as an offer. You will be making an offer to buy, which is subject to these terms and conditions, and any product specific terms (which will be brought to your attention prior to any purchase) when you complete the on-line order form. If your offer is accepted by us this will result in a binding contract between you and us (“Contract”).
2.2 When you have submitted the order form you will receive an email from us acknowledging that we have received your order, your order number and the details of your order. Your offer to purchase a product or services is accepted after your prescription has been verified and when we processes payment for your order.
2.3 Payment will be processed after receipt of your order but prior to dispatch.
2.4 We may not be bound by our acceptance of your offer if there is an error in any advertisement or representation made by us associated with it, including, but not limited to, any pricing error on the Website. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order.
2.5 As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available or if there is a problem with your order.
2.6 If any goods ordered are not available, we may offer you substitute products of equivalent quality and price. If we are unable to offer substitutes or you do not agree to accept such substitutes we shall reimburse your payment within 20 days of the date we received your order (Refunds Policy).
3 – Your Account
3.1 When you first register on the Website as a customer you will be required to complete an online registration form. The details you provide can be updated at Your Account at any time.
3.2 You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential.
3.3 Any personal information that you provide during registration and which is held in Your Account is held in accordance with our Privacy Policy.
4 – Payment
4.1 Payment will be processed after receipt of your order but prior to dispatch.
4.2 The prices stated on the Website are inclusive of VAT (where payable) but exclude delivery charges. Any delivery charges will be displayed on the order form. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirmation. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an email confirmation.
4.3 We process payment and future payments by credit or debit card once you place an order with us. However, if you order contact lenses on their own without prescription glasses, payment will only be processed once your prescription is verified.
4.4 Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure. We hold your credit/debit card details in accordance with our Privacy Policy and any specific consent as required.
4.5 We use approved third party payment service providers to process encrypted card payments.
5 – Your Obligations
A) All customers
You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by your optician. The Order being placed is for you and not on behalf of another person.
B) Contact Lens customers
By placing an order you are confirming that:
i) you have a valid current contact lens specification which has not exceeded the expiry date annotated on it and which has been issued by a registered optician or contact lens practitioner for the contact lenses which you are ordering.
ii) the data you provide concerning the condition of your eyes corresponds to the data found on your current contact lens specification.
iii) you consent to us contacting your optician or contact lens practitioner to verify your contact lens specification if required , 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.
iv) you know of no reason why the contact lenses which you are ordering would not be appropriate for you.
v) you are not experiencing any discomfort with the contact lenses you are currently prescribed to wear.
vi) the order placed through this Website represents a request for contact lenses by you, which fulfils the needs of you yourself and no other person.
vii) you are aged 18 years or over.
viii) you are legally capable of entering into binding contracts.
ix) you are not registered blind or partially sighted
C) Prescription glasses and prescription sunglasses customers
(referred to throughout as prescription glasses)
By placing an order you are confirming that:
i) you have a valid current glasses prescription issued by a registered optician or ophthalmic medical practitioner for the glasses which you are ordering;
ii) the data you provide to us concerning the condition of your eyes corresponds to the data found on your current prescription.
iii) you consent to us contacting your optician or ophthalmic medical practitioner to verify your prescription should we need to do so, 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 ophthalmic medical practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order.
iv) you know of no reason why the prescription glasses which you are ordering would not be appropriate for you.
v) you are not experiencing any discomfort with the prescription glasses you are currently prescribed to wear.
vi) the order placed through this Website represents a request for prescription glasses by you, which fulfils the needs of you yourself and no other person.
vii) you are aged 18 years or over.
viii) you are legally capable of entering into binding contracts.
ix) you are not registered blind or partially sighted
6 – Delivery and inspection of the goods
6.1 Delivery of products will be as follows:
Contact lenses will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order. Prescription glasses and prescription sunglasses will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
Non-prescription glasses, accessories and other products will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
6.3 We aim to dispatch all products within 14 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside our control, the overall delivery period should not exceed 30 days.
6.4 Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.
7 – Risk During Transport
7.1 We shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery (see clause 6). Upon delivery you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.
8 – Warranty
8.1 We warrant that the products to be delivered comply with the agreement between us and you and with your specification (for contact lenses) and / or your prescription (for prescription glasses/sunglasses) (“Warranty”). However, we may not be held responsible if your eyes do not tolerate any glasses, contact lenses or any related products ordered by you.
8.2 If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the Warranty you should return them immediately to us. Please refer to the Returns Policy. You may request that we replace the products concerned (to the same specification/prescription at its cost (including delivery) instead of issuing a refund.
8.3 The Warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without our written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
9 – Privacy
9.1 We process personal information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully to understand our use and treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.
10 – Cancellation Right (applies to products ordered on our Website only)
10.1 If you are contracting as a consumer, you may cancel the Contract and return any products ordered on the Website within 14 working days following the day your order is delivered to you. To cancel the Contract please contact us (either by phone or email) to request a returns reference and the relevant returns address. If you return the products you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them. There is no return on Prescription glasses/ sunglasses.
10.2 You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date you inform us of the wish to cancel and the date the product is returned by you to us you shall bear all risk in keeping the products safe, secure, and free from loss or damage except if such loss or damage is (a) caused by us, our agents or employees; (b) due to a manufacturing design or design fault; or (c) due to fair wear and tear.
11 – Retention of Title
11.1 We remain the owner of any products delivered to you until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you under Clause 10.1.
12 – Liability
12.1 Subject to Clause 12.5 and Clause 13, any liability of OMRC Opticians Limited trading as Vision 2 Opticians (whether in contract, tort or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us. Liability for foreseeable or unforeseeable damages including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising (except where set out in Clause 12.6) and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.
12.2 We will use our best endeavours to deliver the goods to you within the timeframes set out in Clause 6.3 or as set out in our confirmation of your order. There may be events outside of our control including but not limited to Force Majeure events (see Clause 13) or in verifying your prescription. Such events may cause the delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days from the date of our confirmation of the order.
12.3 Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.
12.4 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
12.5 Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.
12.6 Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.
13 – Force Majeure (events outside of your or our control)
13.1 Neither we nor you will be obliged to fulfil any contractual obligation if either of us is prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, 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 etc. (“Force Majeure”). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond our control, but as a consequence of which we are unable to fulfil our obligations.
13.2 While a Force Majeure continues to operate, we and you may suspend our respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by us as terminated without further obligation to the other.
13.3 If we have fulfilled our obligations under any Agreement in part when the Force Majeure occurs, we will be entitled to charge you for that fulfilled part.
13.4 Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, we shall return to you the amount paid.
14 – Returns Policy
14.1 Refund / replacement We will issue a full refund or replacement of goods in all instances where:
- prescription glasses/sunglasses or contact lenses are supplied to a prescription other than that ordered by you. See Warranty in Clause 8.1
- products are supplied damaged
- products ordered by you (and which are confirmed by us as available) within 21 days of the dispatch date do not arrive at the delivery address
- you exercise your cancellation right and you have cancelled the Contract between us within the fourteen-day cooling-off period. Please see Clause 10 A refund or replacement will be issued to you following receipt by us of the returned goods. Such refund or replacement will be provided within 14 days of the date the returned goods are received.
14.2 All returns You should return the goods promptly to the store as set out in Clause 14.3.
14.3 Please note that all returns (including where you exercise your cancellation rights) are to be returned with all component parts within 30 days of you receiving the goods. Please note the implications of Clause 14.6 that will apply for late returns.
14.4 Postal charges Postal charge for goods returned under this Returns Policy are to be discharged by you
14.5 Late returns If we do not receive the returned goods within 30 days of your cancellation then your cancellation will be deemed to be revoked and we will have no obligation to process any refund in your favour.
14.6 We may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods or for failure to return the goods within the times specified in Clause 14.5.
14.8 Refunds Refunds will be limited to the maximum value of the original order, excluding delivery charges and will only be issued against the same payment details as supplied to pay for the goods. We reserve the right to refuse the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged and unused to qualify for a refund.
14.9 Defective goods Nothing within these Terms and Conditions of Purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to us as soon as possible after discovery of the problem. If you have any questions regarding the returns policy please contact us instore.
15 – Changes to the Terms and Conditions of Purchase
We reserve the right to revise and make changes to these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
16 – Waiver
16.1 If you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. Severability
If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.
18 – Written Communications
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. 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.
18.2 All notices given by you to us must be given to OMRC Opticians Limited at 2 Sarsfield Hall, Sarsfield Street, Limerick. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
19. Transfer of Rights and Obligations
19.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
19.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
20. Entire Agreement
20.1 We intend to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact us.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions of Purchase or any document expressly referred to in them or expressly agreed in writing between us.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21. Jurisdiction and applicable law
The Terms and Conditions of Purchase and the Contract shall be construed in accordance with the laws of the Republic of Ireland. Any dispute arising from, or related to, the Terms and Conditions of Purchase or the Contract shall be subject to the non-exclusive jurisdiction of the courts of Ireland.
