Terms and conditions

Terms and conditions and mandatory information of Vision Group AG for the online shop under the domain name discountlens.at

 

1. Scope, definitions

a. The following terms and conditions shall apply exclusively to the business relationship between Vision Group AG (hereinafter the “Seller”) and the customer (hereinafter the “Buyer”) in the version valid at the time of the order. Deviating terms and conditions of the Buyer shall not be acknowledged, unless the Seller expressly agrees to their validity in writing.

b. Please find the identity and address of the Seller in the provider identification (legal notice).

2. Conclusion of the contract

a. The product range presented in the Seller’s online shop shall not constitute a binding offer on the part of the Seller, but shall serve to prompt the submission of a binding offer by the Buyer.

b. The Buyer may select products from the Seller’s product range and collect these in a virtual shopping basket via a correspondingly labelled button. Using the button “Buy now”, he shall submit a binding offer to purchase the goods in the shopping basket. Before sending the order, the customer may view the data at any time and change it using the functions provided for removing, adding or adjusting products.

c. The Buyer may also submit his offer to the Seller in writing, orally or in text form.

d. The Seller shall give the Buyer confirmation of the receipt of the offer by an automatic acknowledgement of receipt by e-mail, in which the Buyer’s order is set out again and which can be printed out by the customer using the “Print” function. The automatic acknowledgement of receipt only documents that the Buyer’s order has been received by the Seller and shall not constitute an acceptance of the offer.

e. If the buyer chooses to pay by invoice or credit card, the seller will confirm receipt of the order explicitly. The buyer will receive an order confirmation by e-mail when the order has been received.

f. If the buyer chooses to pay by PayPal or sofortüberweisung.at, the seller will confirm receipt of the order implicitly by requesting the payment after the order has been delivered. The buyer will receive an order confirmation by e-mail after paying.

g. The contractual language shall be German.

h. The contract is saved by the Seller and sent to the Buyer in writing after the dispatch of his order, together with the present standard terms and conditions of business (“STCs”) and information relating to cancellation. In addition, the contract text is archived on the Seller’s website and may be called up by the customer via his password-protected customer account, entering the relevant login data, provided that the customer has created a customer account in the Seller’s online shop before sending his order.

3. Retention of title

a. If the Buyer is a consumer, the Seller shall retain the title to the delivered goods until the purchase price owed has been paid in full.

b. If the Buyer is a trader, the Seller shall retain the title to the delivered goods until all the claims arising from the current business relationship have been settled in full.

4. Prices and costs

a. All the prices that are indicated on the Seller’s website shall be regarded as total, including the statutory valid VAT.

b. Any additional delivery and shipping costs incurred shall be indicated separately in the respective product description and in the order form and must be borne by the Buyer, insofar as the Buyer does not make use of his right of revocation.

c. If the Seller delivers in countries outside the European Union, additional costs may be incurred in the individual case, which must be borne by the customer. These shall include, for example, transaction costs (e.g. transfer fees, costs for foreign currencies) or import law duties or taxes (e.g. customs duties and import turnover tax).

5. Delivery, availability

a. The goods shall be dispatched by post or parcel delivery.

b. The shipping risk shall be borne by the provider if the Buyer is a consumer. This shall not apply if the Buyer is a trader.

c. The Seller reserves the right to withdraw from the contract in the event that it is not correctly or properly supplied by its suppliers. This shall only apply in the event that the Seller is not responsible for the non-delivery and has closed a specific hedging transaction with the supplier. In the event of the non-availability or only partial availability of the goods, the Buyer shall be informed of this immediately and any payment that has already been made shall be reimbursed immediately.

d. The Seller reserves the right to make a part-delivery if this appears advantageous for efficient processing and the part-delivery is not unacceptable for the customer. The customer shall not be charged for additional costs arising as a result of part deliveries.

6. Guarantee, warranties

a. The Seller shall be liable for material defects, in accordance with the applicable legal regulations, in particular Section 434 ff. of the German Civil Code.

b. Notwithstanding this, the warranty period for items delivered by the Seller shall amount to 12 months for traders. Claims for damages and reimbursement of expenses and the recourse claim under Section 478 of the German Civil Code, as well as claims on account of deliberate action and the fraudulent concealment of a defect, shall remain unaffected by this.

7. Right of return and exchange

a. In respect of unopened [and unmarked] packets of contact lenses and/or lens-care products, we voluntarily grant you a 30-day returns period in addition to your statutory right of cancellation. Packets of contact lenses and/or lens care products which have already been opened cannot be exchanged or returned.

b. Customer satisfaction is our utmost priority. In the event that your prescription changes, we therefore offer you a free exchange within one year. The exchange applies only to the same product (for example Air Optix Aqua with power -3.00 to new power -3.50). Postage costs will be charged for the newly ordered items. Opened blisters (packages of individual lenses) or a change from spherical to toric or multifocal lenses cannot be exchanged.

c. If you are ever dissatisfied with our services, you are welcome to direct complaints to our customer service team. Their contact details are Vision Group AG, Neugutstrasse 52, CH-8600 Dübendorf, Switzerland, phone: 0800 783 294, e-mail: [email protected] We will respond to your complaint as quickly as possible.

8. Vouchers

a. Vouchers are only valid for the period indicated and may only be redeemed once in the course of an order process per household. Individual brands may be excluded from the vouchers.

b. The value of the goods must at least equal the amount of the voucher. For administrative reasons, it is not possible to refund any remaining credit.

c. Vouchers may only be redeemed before the order process is completed. It is not possible to subsequently offset vouchers. The value of a voucher will not be paid out in cash, nor will interest be paid on it.

d. It is not possible to combine several vouchers together.

e. If the value of the voucher is insufficient for the order, the difference may be made up by the payment methods offered.

f. If the voucher was issued as part of an advertising campaign and no consideration was given for it, it will not be refunded in the event that some or all of the goods are returned

g. Where you have used a voucher to make your purchase, we reserve the right to charge the original price of the goods kept by you if – due to cancellation by you – the total value of the order is less than the relevant value of the voucher.

9. Liability

a. Claims of the Buyer to compensation for damages shall be excluded. Excepted from this are claims of the Buyer for compensation for damages arising from injury to life, limb or health or the infringement of essential contractual obligations (cardinal obligations) and the liability for other damages that are based on an infringement of an obligation through the wilful intent or gross negligence of the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary for the achievement of the objective of the contract.

b. In the event of the infringement of essential contractual obligations, the Seller shall only be liable for the foreseeable damage that is typical for the contract if this has been caused by simple negligence, unless it is a case of claims of the Buyer for compensation for damages arising from injury to life, limb or health.

c. Mandatory legal regulations, such as those of the Product Liability Act, shall remain unaffected.

10. Final provisions

a. Insofar as the Buyer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Buyer and the Seller shall be the place of business of the Seller.