General Terms and Conditions of Lensvision
1. Validity of Terms and Conditions and Conclusion of Contract
1.1 The following general terms and conditions apply for all deliveries arranged between us and you as the customer in form applicable at the time of the order.
The following conclusion of contract rules apply for all orders made via the www.lensvision.ch web shop (hereinafter referred to as “web shop”) and all other order methods made available by us currently or in the future (namely orders made by email or messenger services such as WhatsApp). In the case of a conclusion of contract, a contract shall be entered into with:
Vision Group AG
Lensvision
Riedwiesenstrasse 23
CH-8305 Dietlikon
hereinafter referred to as “LENSVISION”.
1.2 The display of goods in our web shop does not represent any legally binding contractual offer of any kind; instead it is merely a request to you as the customer to order goods and represents a non-binding online catalogue. By clicking on the “Order” button after completely filling out the order page, it will be understood that you have offered to conclude a purchase contract. Your order shall be binding for seven (7) days. After submitting your order, you will receive an automated confirmation email (order confirmation) regarding the order you have placed with us, but this shall not represent an acceptance of the contract. The purchase contract shall be concluded once you have received an acceptance of order or, at the latest, when the goods are dispatched. Should the execution of an order only take place after the above-mentioned seven days have passed, the goods delivery shall be regarded as a new offer to conclude a purchase contract. You may accept this offer either expressly, or implicitly by accepting and using the goods delivered. In this respect, we will not require an acceptance of order.
1.3 Should we become aware after the conclusion of the contract that the goods will not be available from the supplier in the foreseeable future, we reserve the right to withdraw from the contract. In this case, we will inform you promptly once we become aware that the goods are not available and we will immediately return any payment already received.
1.4 When a purchase contract is concluded, we at LENSVISION do not store the contract text. However, we will send you your order details by email and save these in our customer area. Previous orders can be accessed under “My account —> Order History” after logging in.
2. Offer Description and Prescription/Eye Correction
2.1 LENSVISION endeavours to make its product descriptions as accurate as possible. For this purpose, original statements from manufacturers and suppliers are used, but no responsibility is taken for their correctness. Changes made by the manufacturer may occur without prior notice.
2.2 The possibility of deviations from the images of individual products cannot be excluded, especially with images of coloured contact lenses, as these depend on the colour of the users eyes. LENSVISION strives to keep images as up-to-date as possible.
2.3 Colours and patterns of spectacle frames supplied may differ from images on the internet. Colour tints of spectacle frames may also differ from images on the internet.
2.4 LENSVISION does not determine or test individual customers’ visual impairments. Details of vision defects are required to order contact lenses or corrective glasses (correction values, prescription details or eyeglass specifications). The customer is responsible for entering these details correctly. LENSVISION recommends regular consultation with an optician for follow-up testing of the correction values, prescription updates, and medical examinations. LENSVISION accepts no liability for false information.
3. Prices and Payment
3.1 Prices are indicated in Swiss Francs (CHF) and include statutory VAT.
3.2 The customer may pay on account, credit card (Visa, MasterCard), PostFinance, PayPal or Twint.
3.3 LENSVISION reserves the right to update prices at any time. For customers, the prices indicated in the web shop at the time of order apply. Should the prices in the web shop be increased or reduced, the price at the time of order shall apply, even if the contract has not been confirmed.
3.4 Vouchers and special discounts cannot be combined and can only be accepted at a rate of one per household.
3.5 For the purpose of credit checks, your personal data will be transmitted to Intrum AG. You can find detailed information about Intrum's data processing under the following link.
If the amount to be paid by the customer cannot be credited to us due to an insufficient credit card or account balance, or if it is charged back for other reasons, LENSVISION is entitled to charge the customer a fixed sum of 80 CHF to compensate charge-back costs. This fixed sum can be increased in individual cases whereby a higher loss has been inflicted.
3.6 Until the respective amount invoiced for a delivery (final and unconditional credit note for the total purchase cost including any additional costs) has been completely paid, the goods delivered shall remain the property of LENSVISION. An obligation to deliver on the part of LENSVISION shall only exist when the complete amount has been paid. Should the amount not be paid completely within 30 days of acceptance of order being issued, LENSVISION reserves the right to withdraw from the contract.
3.7 Costs in the event of late payment: processing fee (at the earliest after two written reminders after the invoice date, when handed over to collection service manager) according to www.fairpay.ch
4. Delivery
4.1 LENSVISION endeavours to maintain the shortest possible delivery times. However, the delivery times given in the order confirmation are non-binding.
4.2 LENSVISION is entitled to make partial deliveries. In this case, delivery costs will only be invoiced to the customer once.
4.3 If the customer’s address changes, he/she is obliged to inform LENSVISION without delay. If the customer does not notify us, the delivery address shall be the last known address. The customer shall bear all costs for address verification and any additional costs.
4.4 The risk of accidental loss or damage of the goods sold shall only be transferred to the customer once the purchased goods have been handed over to the customer.
4.5 Transport damage during delivery is insured by LENSVISION. Insurance claims can only be made as long as the customer can prove that damage has been caused by the supplier during delivery.
5. Returns
5.1 We guarantee a 30-day right of return for products bought from us (subject to exceptions) under the following conditions, whereby we will refund the purchase price (deductions may apply to certain products).
5.2 To make use of this right in the case of contact lenses and contact lens care products, the packaging must be undamaged and unopened. One-year contact lenses and toric lenses cannot be returned.
5.3 We also guarantee a 30-day right of return for corrective glasses, even though they are individually manufactured completely according to your needs. Within the framework of this money-back guarantee, we will return the purchase price. For corrective glasses, we will deduct a service fee from the purchase price being returned: 50.00 CHF for single vision lenses and 150.00 CHF for varifocals.
5.4. In order to make use of the return right, send the goods back to us in as-new condition within 30 days after the date of dispatch in their original packaging. We ask that you use the attached invoice/delivery note as a return note. The 30-day return window begins once the goods are sent, and the return is completed with a timely dispatch. The time the goods are dispatched is decisive in the protection of the right of return. You are to bear the costs for returning the goods. Returns must be addressed to:
Lensvision
Vision Group AG
Riedwiesenstrasse 23
CH-8305 Dietlikon
5.5 The return will be accepted by us provided that the goods are in their original condition and the original invoice is attached. We reserve the right to deduct any resulting costs from the purchase price being refunded in order to cover any damage or excessive wear and tear.
5.6 Should the return be accepted by LENSVISION, the payments made will be returned for free within 30 days after receipt of the goods, minus the service fee mentioned in item 5.3 for corrective glasses and in item 5.5 for any damage or excessive wear and tear. Discount vouchers will not be refunded within the scope of this right of return. The purchase price will be refunded using the payment method you selected at the time of order.
6. No Warranty
Any warranty obligations on the part of LENSVISION are hereby waived and any assertion of warranty rights by the customer shall be invalid.
7. Liability
7.1 Unless contrary statutory regulations apply, LENSVISION will only accept liability in cases of deliberate damage or gross negligence. Should LENSVISION have to take responsibility for slight negligence, the company shall only be liable insofar as the damage at the time of the conclusion of contract was reasonably foreseeable.
7.2 Item 6, Point 1 also applies to agents, representatives and executives of LENSVISION.
7.3 LENSVISION shall not be liable for damage caused by improper use. Users of contact lenses should have their contact lenses tested regularly by an eye doctor or optician (see Item 11). LENSVISION recommends that customers have their eyes tested at least every 6 months. In order to prevent sight impairment, the indicated wearing times (according to the packaging insert) must not be exceeded. Clean and maintain your contact lenses in accordance with the instructions of your eye doctor or optician. Please only order contact lenses that have been customised for you and for which you know the correct parameters. Do not use damaged contact lenses under any circumstances. Remove your contact lenses straight away if you experience any irritation to the eyes and consult your eye doctor or optician.
7.4 LENSVISION accepts no liability for the content of external links. It is exclusively the operators of linked websites and/or websites of affiliate partners who are responsible for their content.
7.5 All cases of breaches of contract and their legal consequences, as well as all claims by the customer, regardless of what legal basis they have, are ruled by these terms and conditions. Claims from the customer regarding damage that has not been caused to the actual goods shall not be valid. Liability claims that exceed the value of the order shall not be valid. This liability disclaimer does not apply in the case of unlawful intent (deliberate damage) or gross negligence.
8. Security and Privacy
8.1 Data protection is a central concern of LENSIVISION; in the processing of personal data, we comply with the applicable legal requirements. We store the data of our customers and pass these on to partners (e. g. opticians) or other parties, insofar as this is necessary prior to conclusion of a contract or for reasons of implementing a contract. In addition, we ensure that your address data will not be disclosed to other third parties.
8.2 Registered users: When you register as a user, LENSVISION reserves the right to provide you with a LENSVISION newsletter. You can unsubscribe from this newsletter service at any time.
8.3 Safety of customer information: When you place an order with us and therefore make your bank account information accessible, we will use a safety certificate (data encryption) for your protection. This safety certificate (SSL) will encrypt all the details you enter before they are sent to us. All customer details are also protected against unauthorised access using state of the art technology. However, we would like to express that one hundred percent data protection when making transfers online cannot be guaranteed.
8.4 The handling of customers’ personal details by LENSVISION is set out in detail in the privacy statement, which forms an integral part of these terms and conditions. You can view the privacy statement by clicking on the following link: https://www.lensvision.ch/en/Privacy-Policy/.
9. Customer Service
Our customer service staff will be able to help with questions, claims, and complaints, and are available on business days from 9am to 6pm under the following contact details:
Tel: 0435507999
Email: [email protected]
10. Confirmation
When you place an order you confirm the following points:
You have been wearing the same contact lenses that you have ordered from LENSVISION for at least 6 months with no problems.
The contact lens values given in your order correspond with the information provided by an eye doctor or optician who has performed your contact lens fitting.
You have been examined within the last 12 months by an eye doctor or optician, and there have been no complications discovered when wearing contact lenses.
If complications or problems arise when wearing contact lenses, please stop wearing them straight away and consult your eye doctor or optician immediately.
LENSVISION accepts no liability for complications, compatibility issues, complaints, improper use or handling, or any other problems that may occur.
You confirm that you already wear contact lenses and you are confident in their use and care.
In order to prevent damage to the eyes, have yourself examined regularly by an eye doctor or optician.
You confirm that you are at least 18 years of age.
11. Severability Clause
Should certain provisions of these terms and conditions be unenforceable or invalid, these terms and conditions shall only be void to the extent that they are unenforceable or invalid, and they must be replaced with enforceable and valid provisions, according to which the parties assume in good faith that they as close as possible economically to the unenforceable or invalid provisions. In any case, the other contractual provisions shall remain in full force.
12. Right to Make Changes
12.1 LENSVISION may change these terms and conditions at any time. The customer will be informed about these changes via email or another appropriate manner. By making use of the services of LENSVISION after the changes they are confirming their agreement with the new terms and conditions. The applicable version of the terms and conditions can be seen and printed at any given time by clicking on the following link: https://www.lensvision.ch/en/Terms-Conditions/.
12.2 Other contractual conditions of the customer, namely those that the customer states are applicable in conjunction with the acceptance of the contract, are not part of this contract. They are only valid provided that and when LENSVISION accepts them expressly and in writing.
13. Application of Law and Jurisdiction
13.1 For these terms and conditions, Swiss substantive law applies, excluding conflict-of-law rules and UN sales law (CISG).
13.2 The sole place of jurisdiction is Zürich. LENSVISION is alternatively entitled to sue customers at their places of residence.