Allgemeinen Geschäftsbedingungen

TERMS AND CONDITIONS

Please read the Terms and Conditions carefully before registering on our website and ordering any products from our partner opticians. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions of Purchase.

1 - General Provisions

1.1 These Terms and Conditions are applicable to any purchases made at our partner opticians, any representations the specsfactory retail outlet of your choice (“specsfactory”), makes to you and to any agreements concluded between you and specsfactory.

1.2 The services and products provided by the partner opticians are supplied by specsfactory Germany Ltd. and it's subsidiaries.

1.3 By placing an order at one of our partner opticians you are offering to contract with specsfactory for the supply of healthcare products (including prescription glasses, sunglasses, accessories and related products, (also described in these Terms and Conditions as “goods” and “products”)). Full details of the party with whom you are contracting will appear in the confirmation receipt of your order provided by the partner optician.

2 - Placing an order; acceptance of an order

2.1 The display of any items or promotions at our partner opticians or on our website shall be construed as an advertisement and not as an offer. You will be making an offer to buy when the optician completes the order form with you. If the order is accepted and technically possible by specsfactory this will result in a binding contract between you and us (“Contract”).

2.2 Once you have submitted the order form, specsfactory and the optician will keep hold of the details of your order (including the full details of the store with which you are contracting) and your order number. Your offer to purchase a product is accepted by specsfactory when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched and are ready to be collected. The Contract will relate only to those products whose dispatch we have confirmed in the email confirmation.

2.3 specsfactory may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by specsfactory associated with it, including, but not limited to, any pricing error on the website.

2.4 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 the order.

2.5 If any goods ordered are not available, specsfactory will offer you substitute products of equivalent quality and price. If specsfactory is unable to offer substitutes or you do not agree to accept such substitutes specsfactory shall reimburse you payment within 14 days of the date specsfactory receives you order (Refunds policy).

2.6 Order can only be accepted from residents in the United Kingdom for the delivery in the United Kingdom.

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.

4 - Payment

4.1 The payment will be processed either as a whole or with a 25% deposit upon ordering and then with a payment of the outstanding amount upon collection.

4.2 The prices stated on our website and in our advertisement are inclusive VAT. 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 effect orders in respect of which we have an error. 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 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 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 or notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after the product has been ordered.

4.3 We process payment by credit or debit card once you place an order with us. Your card details will be encrypted to minimize the risk of authorized access or disclosure.

5 - 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 specsfactory partner optician or directly with specsfactory.

B) Prescription glasses and prescription sunglasses customers
By placing an order with our dispensing or ophthalmic partner optician you are confirming that:
you have a valid current glasses prescription issued by a partner optician or ophthalmic medical practitioner for the glasses which you are ordering.
(referred to throughout as prescription glasses)
By placing an order you are confirming that:
i) you have a valid current glasses prescription issued by our optician or ophthalmic medical practitioner for the glasses which you are ordering if not given by our own partner optician;
ii) the data you provide to specsfactory 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, 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 then at our partner optician, 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 fulfills the need of you yourself and no other person.
vii) you are aged 18 or over.
viii) you are legally capable of entering into binding contracts.

C) NHS voucher holders
You warrant that you hold a valid NHS optical voucher – please note that you will need to bring this with you into one of our partner optician's store when you order your glasses in order for the NHS voucher to be deducted from the outstanding balance.

6 - Delivery and inspection of the goods

Please note - delivery can only be to valid addresses in UK. Orders for prescription glasses can only be collected at a partner optician in your area.

6.1 Delivery of products will be as follows:

Once your prescription glasses or prescription sunglasses are delivered to your specsfactory partner optician you will be informed via email that your glasses can be collected or the store will contact you when your glasses are ready for collection.

6.2 We aim to dispatch all products upon completion and within 14 working 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 specsfactory control, the overall delivery period should not exceed 30 days.

6.3 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 specsfactory shall bear the risk of any damage to or theft or loss of products during transport to the partner optician. The risk will pass to you at the moment of 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 specsfactory warrants that the products to be delivered comply with the agreement between specsfactory and you and with your specification and prescription (for prescription glasses/sunglasses) (“Warranty”). However, specsfactory may not be held responsible if your eyes do not tolerate any glasses by you except where this caused by the negligence of specsfactory, its directors, employees, affiliates or other representatives.

8.2 specsfactory covers for all mistakes and faults made by a partner optician or damages inflected to your product during shipment and delivery. Your product will then be reordered by covered for by specsfactory.

8.3 The warranty will not apply if a defect has risen due to any improper use by you of the products or if you or a third party without specsfactory written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.

9 - 100% Satisfaction guarantee:

In the case, that you cannot tolerate your lenses, you have the right to exchange your lenses twice within the first 6 months from the date of your purchase at specsfactory's costs. Should performing this fulfillment lead to high costs, this will limit the customers right of fulfillment. During a replacement, you are to accept another product with similar features being either of equal or higher value. If you wish to take a product of lower value (Bifocals or single vision glasses) within the framework of the 100% satisfaction guarantee, you will receive a refund of the difference.

10 - Insurance:

i) Insured are those who have purchased and completely paid for their specsfactory product.
ii) The specsfactory insurance covers 75% of the costs, whilst the other 25% are covered by yourself.
iii) Your insurance applies when damages to your glasses/lenses as well as changes in your prescription of at least 0,5 dioptre have taken place within the first 12 months from the date of your purchase.
iv) In such cases, you are to bring your glasses to your partner optician for inspection. The partner optician will then decided whether reparations are possible or if a new pair of glasses/ lenses need to be ordered.
v) Once the insurance expires, specsfactory will no longer cover for any damages or changes to your prescription.
vi) Insurance will not apply if a defect has risen due to any improper use by you. This also includes repairs that have been made by third parties.

11 - Privacy

11.1 Please read our privacy policy carefully to understand our use of 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.

12 - Cancellation Right

12.1 If you are contracting as a consumer, you may cancel the contract and return any products ordered with the specsfactory partner optician if you cannot tolerate your lenses and specsfactory cannot offer you an appropriate alternative (depending on your prescription). To cancel please contact the customer service (either by phone or email) to request a refund. 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.

13- Retention of Title

specsfactory remains the owner of any products delivered to the partner optician until the purchase price has been paid in full and no right of cancellation remains available to you under article 10.1.

14– Liability

15 – Force Majeure (events outside of your or our control)

13.1 Neither specsfactory nor you will be obliged to fulfill any contractual obligation if either of us is prevented from so doing due to a circumstance outside ur 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 of preparation for war, fire, explosion, storm, flood, earthquake, subsidences, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.... etc

16 – Returns Policy and Refund

16.1 specsfactory will issue a full refund if the customer cannot tolerate his varifocal glasses or if they are delivered faulty or to the wrong prescription/specficiation. They can either make use of their 100% satisfaction guarantee, where the lenses are reproduced another 2 times until you can tolerate them or switch to bifocals or single vision. If specsfactory cannot offer an appropriate alternative due to a very high prescription, a full refund will be made.

16.2 Discount
Products ordered by you with the partner optician (and which are confirmed by specsfactory as available) either within 21 days of dispatch date do not arrive at the partner opticians.

16.3 specsfactory covers these faulty goods need replacing:
i) Prescription glasses/ prescription sunglasses are supplied with the wrong prescription/specification.
ii) Products are supplied damaged.
iii) The partner optician accidentally damages your glasses during fitting.

16.4 All returns
You should report immediately to Customer Service in the event that you wish to return the goods for any of the reasons in Clause 14.1. specsfactory will ask you to return your prescription glasses/ sunglasses to the specsfactory store from where you collected them.

16.5 Refunds
Refunds will be limited to the maximum value of the original order and will only be issued against the same payment details as supplied to pay for the goods. Refunds and payments of discounts will take place within 30 days via back transfer. We therefore require the customers bank details in order to do a bank transfer. Refund is not possible via card terminal back to credit or debit card.

16.6 Defective goods,
Nothing within the 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 Customer Service as soon as possible after discovery of the problem.

If you have any questions regarding the returns policy please contact our customer service.

17 – Intellectual Property Rights

You may not use any of the Intellectual Property Rights on the Website or in our products without express written consent of specsfactory.

18 - Changes to the terms and conditions

The group reserves 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 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).

19 – Waiver

19.1 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 then and this shall not constitute a waiver of such rights or remedies and shall not reliever you from compliance with such obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.3 No waiver by us of any of the Terms and Conditions of Purchase shall be effective unless it is expressly stated to be waiver and is communicated to you in writing.

20- Severability

If any of these Terms and Conditions of Purchase us 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.

21-Written Communications

21.1 Applicable laws require that some of the informations 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 contract 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.

21.2 All notices given by you to us must be given to specsfactory customer service at info@specsfactory.co.uk. We may give notice to you at either the e-mail or postal immediately when posed 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 email was sent to the specified e-mail address of the addressee.

22-Transfer of Rights and Obligations

22.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

22.2 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.

22.3 You may not transfer, assign, charge, sun-contract or otherwise dispose of the contract, or any of your 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.

23-Entire Agreement

23.1 specsfactory intends to rely upon these Terms and Conditions together with any documents 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 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 Customer Service.

23.2 We 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 expressly agreed in writing between us.

23.3. 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.

24-Jurisdiction and applicable law

The Terms and Conditions of Purchase and the Contract shall be construed in accordance with English law. 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 England and Wales.

 

Head Office

specsfactory c/o Supervista AG
Schmiedestr. 2B
15745 Wildau (Berlin), Germany

Last updated 28 January 2016