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Terms & Conditions
www.iseeclearly.co.uk is a trading name of Benzai Limited. By placing orders through this Website you are offering to contract with Benzai Ltd for the supply of contact lenses and related products, (also described in these terms and conditions as "goods" or "products"). The full details of the party with whom you are contacting will appear in the confirmation of receipt of your order.
Any advertisement or representation made on this Website shall not be construed as an offer by Benzai Ltd, but merely an advertisement. You will be making an offer when you complete the on-line order form.
When you place an order to purchase a product from Benzai Ltd, we will send you an e-mail confirming receipt of your order and the details of your order. Your order represents an offer to purchase a product. Benzai Ltd will accept your offer when your prescription has been verified and you have received an e-mail confirmation that the goods have been despatched. If there is a problem with your order Benzai Ltd will endeavour to contact you by email. By placing your order through this Website you acknowledge this mechanism of concluding agreements with Benzai Ltd. You shall fully, accurately and truthfully complete the ordering system to be found on the Website. Orders can only be accepted from residents in the United Kingdom for delivery in the United Kingdom.
The prices stated on the Website are inclusive all applicable taxes. Any delivery charges will be notified to you prior to completing your order.
Benzai Ltd may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Benzai Ltd associated with it, including, but not limited to, any pricing error on the Website.
As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available.
Your account
You will be promptly notified of your order number when your order is placed online. Please keep a record of this number. The status of your order may be viewed on the Website using the 'Your Account' section by reference to that order.
When you first register on the Website you will be issued with a password that you may use to enable you to place future orders on the Website without reregistering your details again. You are responsible for the security and proper use of this password and must take all reasonable steps to ensure that the password is kept confidential and not disclosed to anyone else.
You are responsible for ensuring that no unauthorised access is obtained through your account to the Website or services found on the Website. You agree to notify Customer Services immediately if your password is lost or misused. Subject to appropriate security checks, you will be issued with a new password.
You acknowledge that title to the password issued to you remains vested in Benzai Ltd. If Benzai Ltd has reason to believe that there is or is likely to be a breach of security or misuse of your password, Benzai Ltd may change your password and notify you accordingly.
Benzai Ltd reserves the right to suspend or terminate forthwith your account and or the use of the password if it has reason to believe that any registration information you have provided is inaccurate.
Regulatory requirements
You agree that you have a valid contact lens prescription which is not more than 12 months old and which has been issued by a registered optician or contact lens practitioner.
The data you provide to Benzai Ltd concerning the condition of your eyes must correspond to the data to be found on your current prescription issued by a UK registered optician or medical practitioner prior to placing your order.
You undertake to comply with all the instructions for use to be found on the user instructions accompanying contact lenses and any related products.
You agree that even if you have a valid contact lens prescription, you have previously worn contact lenses, you have had a contact lens fitting with a qualified optician and have not experienced any discomfort from such use. You agree that you know of no reason why such lenses would not be appropriate for you. You also confirm that you have not been advised to stop wearing contact lenses by a registered optician or medical practitioner.
You agree that 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.
You warrant that you are aged 18 years or over.
In order for Benzai Ltd to process your order we will need to see a copy of your contact lens prescription provided by a qualified optician or contact lens practitioner which must be less then 12 months old. The prescription can be sent to us using one of following methods (please clearly indicate your name and address in all cases):
a) By fax to xxxxxxxxx (please clearly indicate your name and reference number)
b) By email to prescriptions@iseeclearly.co.uk (a scanned copy of the original document and clearly indicate your name and reference number)
c) By post to 225 Northborough Road,Norbury,London,SW16 4TU (clearly indicate your name and reference number). No same day or next day delivery service should be selected if you are posting your prescription.
Please note that a copy of the original or photocopy of the original prescription document from the optician is required.
We may also need to contact your optician in order to verify certain details on your prescription. By completing an order on this Website, you hereby consent to us doing so.
Delivery of your order
Delivery will be to the address on your order as soon as possible. Subject to delays outside Benzai Ltd control, the overall delivery period will in no event exceed 30 days.
If any goods ordered are not available, Benzai Ltd may offer you substitute products of equivalent quality and price. If Benzai Ltd is unable to offer substitutes or you do not agree to accept such substitutes Benzai Ltd shall reimburse your payment within 10 days of the date Benzai Ltd receives your order.
Benzai Ltd shall bear the risk of any damage to or theft or loss of products during transport. This risk will pass to you at the moment of the delivery
Our obligations
Benzai Ltd warrants that the products to be delivered comply with the agreement between Benzai Ltd and yourself and with the specifications in your prescription ("Warranty"). However, Benzai Ltd may not be held responsible if your eyes do not tolerate any contact lenses or any related products ordered by you.
If it becomes evident within 30 days of delivery that the contact lenses you have ordered fail to meet the Warranty you should return them immediately to Benzai Ltd. Please refer to the Returns Policy. You may request that Benzai Ltd replace the contact lenses concerned instead of issuing a refund.
The Warranty will not apply if a defect has arisen due to any improper use by you of the contact lenses and any related products or if you or a third party without Benzai Ltd' written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
The Warranty does not affect your common law or statutory rights.
Data Protection
Benzai Ltd respects the personal privacy of all users of the Website and at all times seeks to comply with the Data Protection Act 1998. The personal information Benzai Ltd collects about the users shall be carefully and adequately processed. To process your order Benzai Ltd will ask you for personal information when you register for a purchase. This will include your name, date of birth, e-mail and postal addresses and details of any prescription supplied to you by your optician or medical practitioner. You will need to give your consent before any processing takes place and your information will only be used for the purposes stated in these terms and conditions and or at the point of collection. Benzai Ltd is committed to maintaining the highest standards of personal privacy and will not collect information about you without your consent.
By ordering through the Website you expressly consent to Benzai Ltd:
- processing data relating to your credit card and order details to enable the fulfilment of your order for contact lenses and related products;
- processing your personal information so that Benzai Ltd can efficiently provide you with information about new features and services available on the Website;
- processing your personal data to enhance the services and goods Benzai Ltd makes available to its consumers;
- transferring such data to offices located in Guernsey and the United Kingdom for the purposes of processing by Benzai Ltd;
- using cookies as per stated below.
In order to measure the success of our on-line advertising we use pixels, or transparent GIF files, to establish which of our on-line adverts successfully bring people to our website. The GIF files are provided by third parties who provide us with on-line advertising analysis. This system places a cookie on your browser when you enter our website via an on-line advert allowing us to see which on-line adverts bring us the most visitors to our website. The information collected on our behalf, is anonymous and does not personally identify you. The information does not contain your name, address, telephone number or your e-mail address. Most web browsers automatically accept cookies but you can change your browser to reject them. Even without a cookie you can still use our website. If you would like to know how to opt-out of the technologies mentioned above please go to www.xxxxx
You may be contacted from time to time in relation to the products and services offered by Benzai Ltd.
Unless legally required to do so Benzai Ltd will not share your personally identifiable information with any third parties, who are not mentioned in this clause, without your prior consent.
You can amend your details yourself by signing in to Your Account or you can notify Customer Services if you wish to remove or have changes made to your personal information.
We take precautions to protect Personal Information collected through Benzai Ltd.com but in the event that unauthorised third parties infiltrate our system we will not be liable for any resulting misuse of the Personal Information.
Liability
Any liability of Benzai Ltd resulting from the delivery of defective contact lenses and any related products will be limited to direct damages up to the amount of the price stipulated for the items concerned. Liability for indirect damages is excluded.
Without prejudice to the provisions set out above, Benzai Ltd 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 contact lenses and or related products sent to you.
Benzai Ltd shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by Benzai Ltd
Cooling off period
By law, customers in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered.
Between the date of your election to withdraw and the date the product is returned by you to Benzai Ltd you shall bear all risk in keeping the products safe, secure, and free from loss or damage.
Benzai Ltd remains the owner of any contact lenses or related products delivered to you until the moment at which the purchase price has been paid in full and no right of withdrawal remains available to you under Article 9.1.
Returns Policy
Benzai Ltd will issue a full refund or replacement of goods in all instances where:
- Contact lenses are supplied to the wrong specification.
- Contact lenses are supplied damaged
- The products ordered by you do not arrive within 30 days of the dispatch date
- The products you have ordered are returned to Benzai Ltd as undeliverable by the postal service
- You exercise your 'cooling-off' right, as details above
In all instances (save returns to Benzai Ltd as undeliverable), you should contact Customer Services to request a returns reference and the relevant returns address. A refund or replacement will be issued to you following their receipt at that address within 30 days of that date.
If goods are returned as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the return of the goods, then a refund will be made within 30 days of that date.
Benzai Ltd will pay the postal charge for goods returned under this Returns Policy. You do not need to pay anything.
Benzai Ltd may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods.
Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same credit or debit card account as supplied to pay for the goods. Benzai Ltd reserve the right to proportionately reduce the level of the refund if only some of the original quantity of contact lenses is returned, or if it is clear that some of the products have been used. In the case of goods returned under your 'cooling off' right, these must be returned undamaged and unused to qualify for a refund.
Intellectual Property
You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website nor introduce any modifications to the products supplied by Benzai Ltd unless the nature of the delivered product dictates otherwise.
Use of the Website does not constitute a licence to use in any way, any of the Trademarks or Copyrights owned by Benzai Ltd,
including but not limited to the words Benzai Ltd, the Benzai Ltd, www.iseeclearly.co.uk logo.
All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of Benzai Ltd, or their content providers where applicable. Permission is granted to users to download and print one copy of the Website for their own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from a Group member company is strictly prohibited.
You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of Benzai Ltd.
You may not in any way commercially exploit any content obtained from the Website without the express permission of Benzai Ltd and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website.
Benzai Ltd reserves the right to make changes to the Website, policies and these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the Website or that you order goods from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Indemnity
You agree to indemnify Benzai Ltd and Benzai Ltd from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms and Conditions of use, including this Intellectual Property Policy, or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.
By using this Website, you consent to the Terms and Conditions and disclaimers, as defined by Benzai Ltd. Benzai Ltd reserve the right to change these Terms and Conditions and disclaimers and will notify you via the Website when that occurs.
The Website is provided "as is" and Benzai Ltd excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses. Benzai Ltd will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, Benzai Ltd cannot guarantee that the Website will be free from delays, interruptions or errors. Benzai Ltd take all reasonable efforts to ensure that information on the Website is correct, but give no representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. Accordingly, Benzai Ltd and Benzai Ltd do not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Website or the information therein.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms and Conditions.
Links to third party sites
Occasionally, we may make available a link to a third party`s web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
Force Majeure
Neither Benzai Ltd nor yourself will be obliged to fulfill any contractual obligation if either of us are prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, etc, ("Force Majeure"). For 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 Benzai Ltd' control, but as a consequence of which Benzai Ltd is unable to fulfill its obligations. Such will include strikes.
While a Force Majeure continues to operate Benzai Ltd and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by Benzai Ltd as terminated without further obligation to the other.
If Benzai Ltd has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Benzai Ltd will be entitled to charge you for that fulfilled part
Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Benzai Ltd shall return to you the amount paid.
These terms and conditions and any contract between us shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction over any disputes between us.
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