Terms and conditions
General terms and conditions and customer information of Vision Group AG related to the online store at the domain discountlens.it
§ 1 Supplier and seller
VisiongroupAG
Riedwiesenstrasse 23
8305 Dietlikon
SWITZERLAND
Number of registration in the Companies Register: CHE-390.145.890 at the Business Name Register Office of the Canton of Zurich.
Swiss VAT number: CHE-390.145.890
Directors: Simon Virlis
§ 2 Scope, language of the agreement
2.1 The following general terms and conditions ("T&C") in the version in force at the time of the order apply exclusively to all orders placed via this online shop. No terms and conditions other than those provided herein will apply, unless they are expressly accepted by us.
2.2 Italian is the only language available for the conclusion of the contract.
§ 3 Conclusion of the contract
3.1 The range of products presented in the online shop does not constitute a binding offer for the conclusion of a sale and purchase agreement. Your order only is a legally binding offer to conclude a sale and purchase agreement.
3.2 You can choose products from the online shop's selection and collect them in a virtual shopping cart by clicking on the "Add to cart" button or similar wording. You can view the contents of your cart at any time by clicking on the cart button and modify it using the functions provided to remove or modify items. After clicking on the purchase button, you can enter or select the billing address, delivery address, payment method and delivery method. This data can be viewed on a specific page and modified using the "Edit" function or the available selection options. In this case, too, it is possible to view the selected items and modify them using the relevant functions. By sending the order via the appropriate button (e.g., "Order subject to payment"), the user sends a binding offer to purchase the goods in the shopping cart.
3.3 We will confirm receipt of your order with an automatic confirmation of receipt by email, which includes a summary of your order and that you can print using the print function provided by your device. Confirmation email will include the customer's data, the price of the goods purchased, the chosen means of payment, the costs and times of transport, the applicable taxes and duties, the indication of the right of withdrawal and the shipping address to which the goods will be sent, making available a copy of these T&C by referring to a link relating to their consultation. The automatic confirmation of receipt simply documents that your order has been received by us and does not yet constitute acceptance of the offer.
3.4 The purchase contract for the goods is concluded when we expressly declare acceptance of the purchase offer (order confirmation), or when we send the goods to you - without a previous explicit declaration of acceptance - or when we ask you payment after you place your order. If several alternatives exist, the contract is concluded when one of the aforementioned alternatives occurs first. In the case of prepayment and PayPal, the order acceptance takes place immediately with the order.
3.5 We only accept orders which do not exceed amount(s) of ordinary use, by consumers who have reached the legal age.
§ 4. Conservation of the text of the agreement
The contract with details of the goods ordered and/or the services booked will be sent to you in text form (e.g. e-mail, telefax or letter) after the order has placed, together with these T&C and the cancellation policy. We do not store any other data than such items.
§ 5 Right of withdrawal for consumers
Consumers are entitled to a legal right of withdrawal. For more information on the right of withdrawal, please refer to our withdrawal policy and withdrawal form.
§ 6 Prices and terms of payment
6.1 All prices included in the online shop are total prices including the statutory value added tax.
6.2 Additional delivery and shipping costs, if any, will be indicated separately in the product description and in the order form.
6.3 In case of delivery to countries outside the European Union, additional costs may be incurred in single cases, which should be borne by the customer. These latter costs include, for example, monetary transaction costs (e.g., transfer fees, foreign currency charges) or import duties or taxes (e.g., customs duties and import sales taxes).
6.4 Payment options will be communicated to you in the online shop. Payment can be made by credit card, PayPal, instant bank transfer or bank account. We are responsible for selecting the payment methods available in each case.
6.5 If you choose the payment method by credit card, the invoice amount is due immediately upon conclusion of the agreement. The payment method by credit card is processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main, which we authorize to collect the claims on our behalf. BSPAYONE GmbH collects the invoice amount from the specified credit card account. Your credit card will be charged immediately after placing your order in the online shop. Even if you choose to pay by credit card through BS PAYONE GmbH, we remain responsible for general customer requests, for example regarding the goods, delivery times, shipping, returns, complaints, revocation statements and deliveries or credit notes.
6.6 If you may use the payment service provider "PayPal", the payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the terms of use of PayPal, available at www.paypal.com. This requires, among other things, that the user opens a PayPal account or already has one.
6.7 If you choose the payment method "Sofortüberweisung",the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", you must have a valid online bank account for the use of "SOFORT", identify yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately by "SOFORT" and your bank account will be charged. Further information on the "SOFORT" payment method can be found on the website https://www.klarna.com/sofort/.
§ 7 Terms of Delivery and Shipping
7.1 Delivery will take place within the delivery countries or areas specified in the respective offer or in the online shop. We undertake to deliver the products within the time indicated in the purchase order and in any case within 30 (thirty) days from the date of conclusion of the agreement.
7.2 The goods will be sent by mail or by parcel mail to the delivery address indicated by the customer, unless otherwise agreed.
7.3 We reserve the right to make partial deliveries in the case of orders for several products, to the extent that this is reasonably required by the nature of the order. In this case, the shipping costs will only be charged once.
7.4 If the delivery fails for reasons attributable to you, you will have to bear the reasonable and consequential costs we may have incurred. This does not apply to the return shipping costs if you exercise your right of withdrawal. In the event of exercise of the right of withdrawal, the provisions contained in our withdrawal policy apply to the costs of returning the goods.
§ 8 Retention of title
The goods remain our property until full payment.
§ 9 Warranty
The customer has statutory warranty and liability claims for defects, in particular, for material defects in accordance with Articles no. 129 and following It. Consumer Code.
If the products purchased (i) do not meet the description and features made available, (ii) are not suitable for the normal use for which they were designed, (iii) have manufacturing defects or, in any case, (iv) all the requirements established according to art. 129 It. Consumer Code are not satisfied, we invite you to contact us as soon as possible at [email protected] or at the telephone number 0800 957 097.
In the event of a lack of conformity, you can require, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods. We will be entitled to refuse to effect such remedy only if the repair and replacement are impossible or the costs for repair or replacement are objectively disproportionate, taking into account the circumstances of the case.
The request must be sent in writing, by registered mail, and addressed to: Vision Group AG, Riedwiesenstrasse 23, 8305 Dietlikon, Switzerland. We will communicate our availability to process the request, or the reasons that prevent from processing the request, within 7 (seven) working days from receipt of the request. In the same communication, if your request is accepted, we will indicate the methods and deadline for the return or replacement of the defective goods.
You may request a reduction of the purchase price or the termination of this contract only in the following cases:
(a) when Vision Group AG has not completed the repair or replacement already requested or, where applicable, has not completed the repair or replacement within a reasonable period in relation to the nature of the product, in any case not exceeding 30 (thirty) days, from your communication about the lack of conformity, or when Vision Group AG has refused to restore the conformity of the products;
(b) when a lack of conformity remains despite Vision Group AG has attempted to restore product conformity;
(c) when you can demonstrate that the lack of conformity is so serious as to justify an immediate price reduction or termination of the agreement;
(d) when Vision Group AG has declared, or this clearly emerges from the circumstances, that it is unable to restore the conformity of the products within a reasonable term in relation to the nature of the product, in any case not exceeding 30 (thirty) days, or without significant inconvenience to you.
You will not have the right to terminate the agreement, if Vision Group AG can demonstrate that the lack of conformity of the product is minor.
In that case you shall send us a grounded request for termination or price reduction; after the receipt of such request, we will indicate our willingness to process it, or the objective reasons that prevent from processing it, within 7 (seven) working days of receipt.
In the same communication, if your request has been accepted, we will indicate the proposed price reduction or the methods of returning the defective goods following the termination of the contract. In such cases, it will be your responsibility to indicate refunding methods of the sums previously paid.
§ 10 Liability
10.1 We shall be liable without limitation for damages caused by misconduct or gross negligence, including the misconduct or gross negligence of our representatives or auxiliaries.
10.2 Also liability for death, damage to a natural person, physical integrity or health is unlimited in all cases.
10.3 To the maximum extent permitted by the law, any further liability is excluded. To the extent that our liability for damages is excluded or limited, the liability limitation also applies to the personal liability for damages of our employees, workers, associates, representatives, and auxiliaries.
§ 11 Right of return and voluntary replacement
11.1 For spherical contact lenses and/or care products, we grant you a voluntary right of withdrawal for a term of 30 (thirty) days from the receipt of the goods. The shipping costs incurred for returning the goods should be borne by the customer. Please note that this extended right of return only applies if the returned goods are complete, in their original packaging, not used and undamaged. In particular, the packaging must not be written by the user, for example with "left" or "right" to identify the contact lenses. Seals must not be opened or damaged. If the described requirements are met, you will receive a full refund of the purchase price after we have received the return shipment. Unless otherwise agreed, the refund will be made via the means of payment used for the payment.
11.2 Customer satisfaction is our primary target. Therefore, in case of prescription change (new lens parameters), we offer a replacement within one year after shipment of the goods; only the shipping costs should be borne by the customer. The change is only valid for the same product (for example, Air Optix Aqua with resistance -3.00 to new resistance -3.50). Please note that the voluntary right of exchange only applies if the blisters (individual lens packaging) are unopened and if there is no change of the lens type (spherical, toric, multifocal), e.g., from spherical to toric or multifocal.
11.3 Your customer rights established by the applicable rules, in particular the warranty rights and the right of withdrawal, remain unlimited and independent of this right of return and voluntary replacement.
§ 12 Customer Service
If you have any questions, complaints or claims for compensation, please do not hesitate to contact our customer service. You can reach the service by phone at:
dedicated line 0800 957 097 (free from the Italian landline); or
by email at [email protected].
We will process your request as soon as possible.
§ 13 Redemption of vouchers
13.1 Our vouchers issued free of charge as part of promotions, with a certain validity period and which cannot be purchased by users (hereinafter "vouchers"), are effective only during the specified period and can be redeemed only once as part of an order and per household. Specific brands may be excluded from Vouchers.
13.2 The value of the goods must be at least equal to the amount of the Voucher. For administrative reasons, it is not possible to refund the remaining credit.
13.3 Vouchers can be redeemed only before completion of the order process. Subsequent compensation is not possible. The credit balance of a voucher is not paid in cash and interest does not accrue thereof.
13.4 It is not possible to combine several vouchers.
13.5 If the remaining credit of a voucher is not sufficient for the order, the balance can be recovered using the payment options offered.
13.6 The voucher will not be refunded in case of total or partial return of the goods.
§ 14 Data Protection
Information on data protection and your rights can be found in the data protection policy.
§ 15 Special additional information for the purchase of contact lenses and cleaning products
When buying contact lenses, it is essential to pay attention to the following information:
15.1. The contact lens values transmitted with your order must match the values indicated in a prescription by an ophthalmologist or optician and must not be older than one year.
15.2 Optimal use of contact lenses is achieved when the wearer is familiar with their handling and care and undergoes regular ophthalmological check-ups to avoid eye damage.
15.3 Read the package leaflet to understand the risks and side effects of contact lenses and care products. If the use of contact lenses causes complications or discomfort, you should remove them immediately and consult an ophthalmologist or optician immediately.
§ 16 Applicable law
16.1 Agreements between us and the customer will be governed by the Italian law excluding the Vienna United Nations Convention for the International Sale of Goods. As far as consumers are concerned, this choice of law applies only to the extent that it is not derogated by compulsory provisions of the law of the country in which the consumer has his habitual residence.
16.2 If the customer is a consumer, the competent Court for all disputes arising from contractual relationship between the customer and the seller is the one of residence or domicile of the consumer. If the customer is a legal person or a person who purchases for business purposes, other than a consumer, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the seller is the one in which the registered office of the seller is established.
§ 17 Alternative Dispute Resolution
17.1 You will be entitled to promote one of the out-of-Court dispute settlement procedures provided by current legislation. To this end, in particular, the European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform is a contact point for the out-of-court settlement of disputes arising from online purchase or service agreements involving a consumer.
Status: November 2024