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Terms and Conditions
EYE 2 EYE CONTACTZ ONLINE
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE").
By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.
It is the user's responsibility to ensure that the purchase and supply of EYE 2 EYE Contactz through the eye2eyecontactzonline.com website is not in contravention of any applicable laws in your country of residence. By completing a purchase from the eye2eyecontactzonline.com website you are confirming the following:
1. That you do not suffer from any current or chronic eye condition that contra-indicates the wearing of colour eye accessories, or contact lenses
2. That you acknowledge that you have read and understood the important information and guidance as to the safe wear and care of EYE 2 EYE Contactz
3. That you understand that you should immediately remove your EYE 2 EYE Contactz if you experience any unexplained discomfort, reddening or excessive watering of the eye, and seek assistance from your eyecare practitioner
4. That you are over the age of 16
EYE 2 EYE Contactz Ltd reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates. Copyright Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with EYE 2 EYE Contactz Ltd or for using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of EYE 2 EYE Contactz Ltd is strictly prohibited.
TERMS AND CONDITIONS OF SALE
1. DEFINITIONS In these conditions, the following words shall, where the context so admits, have the following meanings:-
The Company - EYE 2 EYE Contactz Ltd
The Buyer - The organisation, firm or person from whom the order is received
The Goods - Any goods supplied by the Company to the Buyer
2. PREVAILING CLAUSE Unless otherwise expressly agreed in writing, these conditions shall govern and form part of every contract for the sale of all the products which are referred to in of the Company's price lists or which are otherwise sold by the Company including its heirs, successors and assigns and shall prevail over and exclude any terms or conditions, whether expressed or implied, of the Buyer.
3. VARIATIONS Any variation, cancellation or waiver of these conditions shall only be effective if made in writing and signed by a duly authorised representative of the Company. For the avoidance of doubt, the Company's drivers, sales representatives, warehouse and depot staff are not so authorised.
4. APPLICABLE LAW These terms and conditions shall be governed by and construed in accordance with English law.
5. PAYMENT
5.1 The Company's prices are subject to alteration without notice and are stated inclusive of Value Added Tax and all other taxes, where applicable.
5.2 Accounts are payable in full at the time of order placement.
5.3 The Company reserves the right to withhold delivery until cleared funds are received for any goods ordered.
5.4 The Company accepts credit card and debit card payments via PayPal and Barclaycard.
6. DELIVERY
6.1 The Company will use all reasonable efforts to meet any time or date for delivery given. Notwithstanding this, any time or date for delivery given by the Company is an estimate only and the Company will not be held liable or responsible for any delay or non-delivery nor for any loss, expense or damage whatsoever resulting from any such delay or non-delivery. The Company reserves the right to refuse to deliver any order if the Buyer goes or threatens to go into liquidation, makes any composition or arrangement with its creditors or has appointed an administrator or an administrative receiver, provided always that the title in the goods has not already passed to the Buyer.
6.2 When signing for the Goods from the carrier, the Buyer agrees to check that the number of packages received agrees with the number on the delivery note and immediately to record any numerical discrepancy or obvious external damage the carrier's delivery note. The Company will consider claims for damages, shortages or incorrect delivery only if notified within 2 days of receipt of the products and claims for non-delivery only if notified within 3 days of the date of invoice. If any claim is so notified, the Company's sole responsibility will be limited to replacing or re-delivering the goods in question and the Buyer will not be entitled to any other compensation whatsoever. The Company will accept no responsibility for any claims howsoever caused not notified within these periods.
6.3 Goods are not supplied on a sale or return basis. Goods correctly supplied against any order may, in accordance with the EU Distance Selling Directive be returned for refund within 7 days of receiving the Goods. The Buyer’s right to cancel an order for the end on the expiry of a period of 7 working days beginning the after the day on which the Goods are received. Goods returned for this or any other reason must be returned in their original, unopened condition and the applicable invoice number quoted. No refund will be allowed against any other Goods. Goods not supplied directly by the Company may not be returned for refund.
6.4 Delivery times vary from country to country and depending on method of shipping. Standard shipping estimations are as follows:
UK – 2 to 4 working days if all items ordered are in stock
US & Canada – 4 to 7 working days if all items ordered are in stock
Europe – 3 to 5 working days if all items ordered are in stock
6.5 All items are despatched within 48 hours, but in the unlikely event that an item is out of stock, the Buyer will be contacted to confirm whether the Buyer is willing to wait or would require a refund.
7. RISK The Goods shall be at the risk of the Buyer from the time of delivery to the Buyer's nominated premises, or from the time of collection from the Company's nominated premises by or on behalf of the Buyer, whichever is the earlier.
8. TITLE Legal and beneficial title in the Goods shall remain vested in the Company, notwithstanding delivery to the Buyer's nominated premises, until such time as the Company has received payment in full for the Goods delivered and all other sums owed by the Buyer to the Company.
9. NO RIGHT OF SET-OFF The Buyer shall not be entitled to set-off against any sums owed to the Company.
10. INTELLECTUAL PROPERTY RIGHTS For the avoidance of doubt, acceptance of the Buyer's order does not in any way entitle the Buyer to use any trademarks owned by the Company, its associates and affiliates. Any infringement of the Company's intellectual property rights, whether by substitution, passing-off, copyright or trademark infringement or any other improper use whatsoever will result in the Company taking appropriate action to safeguard its interests. Any marketing materials supplied by the Company remain the property of the Company and must be returned on demand. Failure to return the Company’s marketing materials may be deemed to constitute an infringement of copyright and will result in the Company taking appropriate action to safeguard its interests. All contents and information on this site including, without limitation, text, graphic and images, is the property of the Company and is protected by United Kingdom copyright laws.
11. LIABILITY AND CONSEQUENTIAL LOSS
11.1 If any of the Goods supplied by the Company should prove to be not fit for their intended purpose, save for the exception noted in section 13.2, when used correctly, the Company will either replace or, at its sole discretion, refund the purchase price but shall have no liability to the Buyer for any other consequential loss, damage or expense.
11.2 All colours, tones, images and descriptions of the Goods, as represented in any of the Company’s marketing materials or on any of the Company’s websites, are for illustrative purposes only, and by ordering the Goods the Buyer accepts that actual colours and colour change effects may vary from those illustrated and the Company shall have no liability to the Buyer for any consequential loss, damage or expense.
11.3 The Company shall not in any circumstance whatsoever (whether by reason of negligence, breach of contract or otherwise) be liable for any loss, damage or expense, whether direct, indirect or consequential (including, without prejudice to the generality of the foregoing, loss of profits, business interruption, loss of goodwill or reputation) arising out of or in any way connected with the delivery and/or sale and/or use of the Goods whether by the Buyer or by any third party.
12. BUYERS INDEMNITY
12.1 The Buyer agrees to indemnify and hold the Company harmless from and against any claims, costs, expenses and damage arising out of:
(i) the abnormal or improper use, misuse or neglect of the Goods or any breach of these terms and conditions or default on the part of the Buyer;
or
(ii) any use or sale of any goods manufactured by the Buyer and incorporating any Goods supplied by the Company to the Buyer.
12.2 The Buyer assumes full responsibility for ensuring that all local, state, province and national laws with regard to the purchase, possession, importation, exportation and use of the Goods are obeyed and that all Goods purchased will be used in a lawful manner.
13. FORCE MAJEURE The Company shall not be liable for any delay in or non-performance of any of its obligations for the duration and to the extent that such is caused by any event or circumstance beyond the Company's reasonable control ("force majeure") including, but not limited to, acts of God, fire, industrial action, riot, civil commotion, flood, breakdown of plant or machinery, the acts of a third party or the intervention of a competent authority.
14. ENFORCEABILITY If any of these terms and conditions is held to be invalid, unenforceable or unlawful for whatever reason, such decision shall not affect the validity or enforceability of the remaining terms and conditions.
15. REPACKAGING The Goods shall only be resold by the Buyer, by prior written arrangement with the Company, in their original form as packaged and supplied by the Company without any breaking down or repackaging. The Buyer will not remove, alter or add to the labels on or the leaflets within these packages prior to any such sale.
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