General terms and conditions
Welcome to our website. If you continue to browse and use this website
you are agreeing to comply with and be bound by the following terms and
govern Vogue Spex’s relationship with you in relation to this website.
1. Validity of the general conditions
1.1 These general terms and conditions are applicable to any use of www.voguespex.com / www.voguespex.co.uk (the "website”) and to any agreements concluded between you (the "customer” / ”buyer”) and us through the website. If you do not agree to these Terms and Conditions, you cannot use the website and/or buy any products or services through the website.
1.2 Your order
and acceptance of the Terms and Conditions will constitute a legal agreement.
Our acceptance of this order and delivery of the goods will form a legal
binding contract between Vogue
Spex’s and you the customer.
2. Description of the goods
2.1 We will display all the goods on the website and ensure the information contained on the website is as accurate as possible, taking into account techniques that apply to web site design, graphical and photographic technology and indicative measurements. No guarantees, conditions, representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. Any liability for any direct, indirect or consequential loss or damage arising from the use of any information appearing on the Website is excluded.
2.2 All goods are sold subject to availability.
2.3 The customer must supply a prescription supplied by a registered ophthalmic optician completed within the last two years.
2.4 We are permitted and retain the right to make mistakes, such as typing errors, technical or colour deviations, or price modifications, despite our greatest care not to do so. We are entitled to contest the declaration of acceptance in all such cases. We also assume no liability whatsoever as to the accuracy of the manufacturers’ description.
2.5 Once you have ordered any of our products, you are legally bound to these terms and conditions and have made an offer to buy the goods ordered. If a contract has been entered into, but we are unable to deliver the ordered articles within the foreseeable future despite congruent hedging transactions, then we reserve the right to withdraw from the contract. If we should establish that delivery of goods may be delayed for an unforeseeable amount of time, we will appraise you of this fact and refund any payments already made by you.
3. Reservation of ownership
3.1 All goods shall remain our property until all of your contractual obligations towards us have been fulfilled. Any resale, rental, pawning, pledge or assignment as security by the buyer of goods delivered under reservation of ownership is prohibited.
3.2 If you behave
in any manner contrary to the terms of this contract whatsoever, particularly by
delaying payment, or by breach of contract as stated in 3.1, we may, without
prejudice to our other rights, demand the immediate return of our property.
4.1 All goods displayed on the website by the seller – including prices quoted – are non-binding and subject to change. All prices quoted exclude delivery charges and postage.
4.2 Price displayed on our website are correct at the time of display.
4.3 We reserve the right to alter prices from time to time without prior notice. However once we have accepted your completed order we will honour the price stated on that order.
5.1 When your confirmation of order is received by e-mail, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for any other reason. In the case of a price change, we will always contact you first to ensure that the revised price is acceptable.
5.2 Full payment of your order including delivery charges must be made prior to delivery and on acceptance of your order.
5.3 We cannot accept any responsibility or liability for failures in transmission of information, deletion, non-delivery or failure to store any communications by the customer.
5.4 All payments shall be made in either British Pound
("GBP”), Euro ("EUR") or U.S. Dollar ("USD").
6.1 Delivery of the goods will take place at the delivery address stated on the order form.
6.2 Delivery of the goods is by recorded delivery and you will be provided with a tracking number upon dispatch of the order. The delivery is between 8-14 business days for non-prescription glasses and sunglasses subject to availability of the goods ordered. Standard prescription glasses are delivered between 10-15 business days depending on the prescription details.
6.3 Any dates specified by us for delivery of goods are intended to be an estimate and time for delivery is not guaranteed. If no dates are specified, we will endeavour to deliver within a reasonable time.
6.4 In case of
goods that cannot be delivered for reasons beyond our control, we will deem the
contract as having been fulfilled, if the items have been provided and the
buyer notified. Delays due to cases of force majeure, disruption of transport
or operative failures, strikes, shortage of raw materials and such like can
lead to a reasonable extension of the delivery time. If delays continue beyond
6 weeks after conclusion of the contract, then each party is legally entitled
to withdraw from this contract.
7.1 The customer has the right to cancel any order in writing by email within 30 days of the order having been received by the customer.
7.2 Once you have received the goods at the address specified in your delivery instructions, the risk of damage to the goods shall pass to you.
7.3 We hope you
will be totally satisfied with the order you have made with us. Your order will
be carefully inspected before being dispatched. Upon receiving your goods,
please inspect them and inform us immediately if they are damaged. If they are,
please return them to us within 30 days and we will supply you with another
identical product or refund the payment made for the goods should an identical product not be available. The shipping charges are borne by the customer upon returning the goods for a refund.
8.1 Should the delivered goods be defective or its warranted qualities flawed, or should it develop defects within the warranty period as a result of poor materials or faulty manufacturing, then we will either repair the items or provide you with a replacement. We are permitted to make multiple repairs. We reserve the right to refuse your choice of subsequent fulfilment if it entails disproportionately high costs.
8.2 The warranty period begins with the date of delivery and lasts for one year.
8.3 Once we have received the returned goods, we will refund the original purchase, minus any outstanding payments you may owe to us.
8.4 All claims must be made in writing by email and any defects communicated to us without delay as soon as they become apparent.
8.5 Upon discovery of any obvious deficiencies, and in order to prevent any further deterioration of the merchandise, you are obliged to inform us immediately. Failure to notify us of defects in good time will have no influence on our existing scope of warranty. Defective goods must be returned to us for inspection in the same condition at the time that it was discovered as being faulty.
9.1 Goods purchased from our site are subject to Romanian courts of law only.
9.2 Nothing in these terms and conditions is to be taken to exclude or restrict any rights which applicable law grants to you in respect of such goods. Individual goods may be the subject of additional warranties or guarantees given by their manufacturers directly to you.
9.3 We do not accept any responsibility and will not be liable for any damage to the goods caused by you.
9.4 We shall not be liable to any person for any damage or loss that may arise from the use of any goods displayed on our site.
9.5 Without prejudice to your statutory rights, all the information and materials contained on this website (including, without limitation, text, graphics and links) are provided on an "as is" basis with no warranty and in particular, we do not represent or warrant that the information accessible via this website is accurate, complete or current or that the use of this website will be uninterrupted or error-free.
9.6 The above
exclusions of liability shall not apply to any damages arising from personal
injury or death where they result from our negligence or the negligence of our
servants and agents in the course of their duty.
10. Data protection
10.1 All personal data
will be handled confidentially in accordance with the relevant data protection
www.voguespex.com / www.voguespex.co.uk is operated by VogueSpex SRL located in Brasov, Bulevardul Stefan cel Mare si Sfant, Nr. 25, camera 2, Bloc 25
Scara A, Etaj 2, Ap. 14, Romania.