Terms & Conditions
NextdayLenses.com Terms & Conditions of Supply & Website Use
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE NEXTDAYLENSES.COM WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST REFRAIN FROM USING OUR WEBSITE.
You should understand that by ordering Optical Dispensing Services and optical appliances from the NextdayLenses.com website, you enter into a legally binding contract with LGL Ltd which you agree will be governed by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions you must refrain from using or ordering products from the NextdayLenses.com website.
The website www.nextdaylenses.com (“our website”) is owned and operated by LGL Ltd (referred to in these Terms and Conditions as NextdayLenses.com “we”, “our” and “us”). LGL Ltd is a company registered in the Island of Guernsey under the company number 51990. Our registered office is at Anson Court, La Route des Camps, St Martin, Guernsey, GY4 6AD.
LGL Ltd supplies Optical Dispensing Services and optical appliances via its website, via telephone, and via e-mail. In making such supplies, LGL Ltd may outsource some of its supplies to third party contractors. However, LGL Ltd will remain contractually bound by these Terms and Conditions in respect of any Optical Dispensing Services and optical appliances supplied to you via its website, over the telephone or by email.
As part of its supply of Optical Dispensing Services and optical appliances, LGL Ltd and/or its sub-contractors employ qualified Optometrists and/or Dispensing Opticians (referred to in these Terms and Conditions as a “OO/DO” or “OOs/DOs”) who are also trained and qualified to fit and/or dispense optical appliances. Any advice and guidance provided to you in respect of your optical appliances is provided either directly by an OO/DO or by an Optical Consultant acting under the supervision of an OO/DO (together referred to as “Our Opticians”) in these Terms and Conditions.
These Terms and Conditions set out the entire agreement between you and us in respect of all services and goods provided to you by us.
2. Website Use and Communications
You are permitted to view and download our website www.nextdaylenses.com (including sub-pages within the same internet domain) for your personal use only and only in accordance with these Terms and Conditions. We may change, suspend or terminate our website at any time without liability or notice. We may also restrict your access to sections of or to our entire website without liability or notice.
You agree to use our website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our website by any third party. In particular, you must not attempt to interfere with the proper working of our website, and you must not attempt to tamper with, hack into or otherwise disrupt any computer system, server, router or any other internet connected device associated with our website.
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you provide us with your contact details, you consent to receiving communications from us using that contact information (e.g. if you have provided us with your telephone number, you consent to us communicating with you via the telephone).
When you place an order for Optical Dispensing Services and optical appliances with us, you consent to receiving ongoing communications from us that, in our professional judgment, we believe are required / would enhance your ability to use your optical appliances compliantly, cost effectively and safely.
3. Intellectual Property
Our website, whether in part or as a whole, and all associated content are protected by copyright and other intellectual property rights which are either owned by us or used by us with the permission of their owners.
You may view the content of our website or associated content on screen or store such content in electronic form on a disk, and are authorised to download such content for that purpose.
You are authorised to download, use and/or copy material published on our website solely for your own personal use. You may not otherwise reproduce, copy, disseminate or otherwise use the content of our website or any associated content for commercial purposes or any other purpose. Our rights are reserved.
All proprietary rights in any trade marks (whether registered or unregistered) or service marks, including logos, appearing on our website are owned by us or are used by us with the permission of their owners. Nothing contained on our website shall be construed as granting any licence or right to use any such trade mark, service mark or logo for any purpose whatsoever.
4. Your Status, Responsibilities and Website Registration
By corresponding with us and Our Opticians and/or by registering your details on our website you confirm to us that you
- Are 16 years of age or older.
- Are able legally to enter into a binding contract
- Have completed our registration procedure.
- Have had optical appliances prescribed by a qualified Optometrist or Dispensing Optician and have previously worn such optical appliances in accordance with their instructions and without experiencing any problems with them.
- Have ensured that the details you provided during the registration process on our website are complete and accurate and that any prescription details entered by you upon registration, or at any other time, match those issued to you by a qualified Optometrist or Dispensing Optician.
- Agree to inform us immediately of any changes to the details you have provided to us during the registration process by updating your account through our website, via telephone or via e-mail. Failure appropriately to update your details will be a breach of the contract between you and us, and we cannot be held responsible for any loss or damage you suffer as a result of your failure to provide us with correct and up-to-date information.
- That the prescription relied upon by you in seeking and procuring Optical Dispensing Services and optical appliances from us has not expired or is not more than 24 months old.
- Consent to us contacting your prescribing Optometrist or Dispensing Optician for the purposes of verifying your prescription details or obtaining a duplicate copy of your prescription. In the event that we are unable to verify your prescription to our satisfaction, you agree that we will not be bound to process your order and supply you with any optical appliances until such time that you have obtained a valid and up-to-date prescription from a qualified Optometrist or Dispensing Optician. Our Opticians are also available to assist you in finding a suitable prescribing Optometrist or Dispensing Optician and can assist you to make an appointment or make an appointment on your behalf.
- Will speak directly to one of Our Opticians if you have any queries at all regarding your existing prescription, its validity and/or suitability for your current needs.
- It is your responsibility to check that the optical appliances you have ordered comply with the correct prescription. We accept no liability for injury or damage to eyes due to an incorrect order placed by you.
- Will follow all instructions for use of any optical appliances or other products supplied by us to you as stated on the product(s), enclosed with any product(s) and/or any instructions provided to you by Our Opticians.
- Undertake that any order placed by you is in respect of your own needs and requirements and that you are not ordering any optical appliances for another person who does not have a valid and up-to-date prescription for optical appliances.
- Are aware that Our Opticians are available on the phone and via email from 9am to 6pm Monday to Saturday to discuss your needs and requirements and that you will seek appropriate advice, as necessary, before placing any order(s) with us via our website.
5. Your Order and Our Acceptance – Contract Formation
- Your order does not by itself complete a contract between you and us. Instead, in placing an order through our website you make an offer to us. A binding contract will only be formed between you and us once we have accepted your offer. We are not obliged to accept any offer that you make, we may refuse to accept an offer for any reason whatsoever (including but not limited to inability to take payment from you), and we will have no liability in respect of refusing or otherwise failing to accept any offer from you. No term of these Terms and Conditions may be construed as creating an obligation on us to accept any offer from you.
- After you place an order with us and make appropriate payment, you will receive an e-mail confirming your order. This Order Confirmation e-mail will confirm the Optical Dispensing Services and optical appliances that you have ordered from us. The Order Confirmation e-mail will also include details of delivery (e.g. delivery address and delivery estimate). Please note that when you receive this Order Confirmation e-mail, we are accepting your offer and a contract is formed between you and us at this stage. At this point only will a legally binding contract be concluded between you and us.
- In the event that your order is refused after payment is taken, the payment will be refunded in accordance with clause 11 below.
- Each separate supply of Optical Dispensing Services and optical appliances to you shall constitute a separate contract between you and us subject to these terms. The fact that we may have previously accepted an order placed by you is not an indication that we will continue to accept orders in the future and we have no obligation to accept such future orders.
- In the event that an order placed pursuant to our Terms and Conditions is returned, any free gifts advertised on our website in connection with that order must also be returned together with the order and to the same return address (see clause 10 and 11).
6. Prices and Payment
- The prices you will pay for any Optical Dispensing Services and optical appliances ordered through our website are listed on our website at the time you place your order, except in cases of error.
- For customers located within the European Community the prices of products shown on the website include VAT.
- For customers located outside of the European Community the prices of products shown on the website are correct and displayed in full.
- The prices shown on our website do not include postage costs. The postage costs for your order will be shown to you at the time you make that order.
- We supply Optical Dispensing Services in relation to optical appliances ordered from us via our website. The supply of Optical Dispensing Services for prescription optical appliances bought from us is charged at 35% of the price (excluding VAT) of the prescription optical appliances as displayed on our website. This Optical Dispensing Service Charge covers the cost of the wider optical advice and guidance provided by us and Our Opticians to you and is included in the prices of the prescription optical appliances. Please note that we do not provide Optical Dispensing Services in relation to any products other than prescription optical appliances. As a result, no Optical Dispensing Service Charge is made on products that are not prescription optical appliances (e.g. eye-drops, or contact lens cleaning solutions) by us.
- We may change the advertised prices of services and goods displayed on our website at any time without liability or notice. Such price changes will not affect orders which have already been confirmed (that is, orders in respect of which a binding contract has been formed). If the price changes after an order has been submitted, but before that order is accepted and dispatched, you may be charged the new price (i.e. the price after the change was made).
- Optical Dispensing Services and optical appliances advertised on our website, despite best efforts, may be incorrectly priced. As no contract is concluded between us and you until we have accepted your order, we are under no obligation to supply to you at an incorrect price. If we have advertised an incorrect price and you have placed an order based on that price, we may, at our absolute discretion, either contact you to notify you of the error and to ask whether you wish to continue with your order on the basis of the correct price, or reject your order and notify you that we are rejecting it. If you indicate to us in response that you wish to continue at the correct price, your new order at the correct price will be treated as an offer and processed in accordance with clause 5 above.
- You may be responsible for the payment and processing of any applicable import duties associated with orders made through our website. We will not be liable for any breaches of laws and regulations of the countries to which products are delivered.
- Payment for services and goods purchased from our website must be made through one of our chosen payment services providers, a list of which is to be found
- In order to make a payment through one of these providers, you will need a credit or debit card. From time to time, we may change the providers through whom we will accept payments. If we do so, we will update the list of providers accordingly.
- Your credit or debit card will be charged at the time that the order is placed, though, as detailed in clause 5 above, no contract is formed between you and us at this time. In the event that your order is refused for any reason after payment has been taken, a refund will be made in accordance with clause 11 below.
- Delivery will be made to the “Delivery Address” specified when you placed your order. The Delivery Address is displayed on the “Confirm Order Details” page of our website. It is your responsibility to check and confirm that the Delivery Address is correct. Once confirmed you will receive an Order Confirmation e-mail from us. If the Delivery Address is not correct you assume responsibility for the error and we cannot be liable for any loss or damage caused by that incorrect Delivery Address.
- If no one is available to accept delivery, orders that have been sent via Royal Mail delivery services will be sent to your local Royal Mail sorting office. You must contact your local sorting office before calling us to check if your order has been delivered there. If your order was sent via Yodel, you will be contacted to provide the details required for delivery (e.g. new delivery address, suitable delivery time). If you do not respond within a reasonable time-frame, the order will be returned to NextdayLenses.com.
- We will endeavour to dispatch any products forming part of your order within the time frames laid out on our product pages and “Delivery & Postage” information page of our website. Delivery of orders sent by Royal Mail will be subject to a five day grace period during which no replacement orders will be sent out. After five days has lapsed if your order has not arrived you must first check your local Royal Mail sorting office before calling us for a replacement order.
- If your order was sent via Yodel (which may require a signature upon delivery) and has not arrived within the designated delivery time, we will be required to carry out a full investigation before determining whether a replacement order can be issued.
- We cannot guarantee that the products contained in your order will be in stock at all times and this may cause a delay in delivery. However, we will endeavour to deliver any products forming part of your order within a reasonable time once we have stock of your order.
- We do not accept responsibility for delays or failures resulting from circumstances beyond our control, including, but not limited to, mechanical breakdowns, traffic delays and the weather.
8. Risk and Passing of Ownership to Customer
- The full ownership of any products that you order will pass to you on delivery of the products subject to us having received the full payment for those products.
- The products will be held at your risk from the time of delivery.
9. Cancelling your Order
- Purchases from the NextdayLenses.com website are subject to a period within which you have the right to cancel your contract with us and return any products that you have purchased, irrespective of whether those products are in any way defective or not in conformity with your order. The period runs for 7 working days from the day after the date of delivery of the products to you (where a working day is any day which is not a Saturday, Sunday or Bank Holiday celebrated in the Island of Guernsey).
- In order to exercise your right to cancel under the clause above, you must return the products unopened and unmarked in their original packaging to us at Anson Court, La Route des Camps, St Martin, Guernsey, GY4 6AD or with our authority to our designated UK address at FREEPOST RTEC-LSZR-XKHR, 9 Lyon Road, London, SW19 2RL. You will be liable to pay the postage and packaging costs of returning the goods.
- The cost of the products returned, but not the cost of postage and packaging, shall then be refunded to you in accordance with clause 11 below.
- You may return a product to us at Anson Court, La Route des Camps, St Martin, Guernsey, GY4 6AD or with our authority to our designated UK address at FREEPOST RTEC-LSZR-XKHR, 9 Lyon Road, London, SW19 2RL so long as it is in its original packaging, unopened and unmarked. We will examine the returned products and notify you via email or telephone whether they are in an acceptable condition for a refund to be granted. We will then process a refund of the costs of the products, but not the costs of postage and packaging for the delivery, in accordance with clause 11 below. The return of a product is at your own risk.
- In addition, if a product supplied by us is in any way faulty or does not conform to your order, you may return it to us at the address given above, including a note specifying the fault or difference from your order and whether you would prefer a replacement or a refund. We will examine the returned products, and if we are satisfied that they are in fact faulty or not in conformity with your order, we will provide, according to your choice, either (i) a replacement product, for which we will not charge additional postage and packaging; or (ii) a refund in accordance with clause 11 of the costs of the products and postage and packaging.
- If you are returning faulty lenses these must be returned for analysis in a lens case with some lens solution in order to receive a replacement or a refund in the event that they are in fact faulty.
- Refund of monies will occur by the same method that was used to make the initial payment to us (e.g. via the same credit or debit card you used to purchase the services and goods from us).
- We aim to process any refunds as soon as possible after either an order is refused or products are returned to us. We will make any appropriate refunds within 28 days of refusal of an offer or acceptance by us that a refund is due in respect of returned goods.
- We will have no liability to pay interest on any amounts refunded
- Postage cost for returns of faulty products or incorrect products sent to you will be limited to our standard UK shipping. We reserve the right not to refund postage costs of returns that are due to your error.
12. Links & Adverts
Our website provides links to other third party websites and resources. These third party websites are not under our day to day control. When you click through to these websites you leave the web pages under our control. We cannot accept any responsibility whatsoever for any issues that you may face or any losses that you may suffer which arise from the use of third party websites that are linked to from our website or which link to our website. Any such warranties are disclaimed by us absolutely. This disclaimer does not affect your rights against any third party. We advise you to read the terms and conditions and privacy policies of each website that you click through to from our website before using them. We may notify you when a third party is involved in a transaction in connection with a contract formed under these Terms and Conditions and we may disclose your personal information related to that transaction to that third party seller.
13. Written Communications
When using our website, you accept that some communication with us will be electronic. It is your responsibility to read the information we send you. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
Our performance under any contract between you and us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Our Liability
- Our liability in connection with the purchase of any Optical Dispensing Services and optical appliances from us is strictly limited to the purchase price of those Optical Dispensing Services and optical appliances. Although we take all reasonable steps to protect our systems and software against computer viruses, bugs, Trojan horses and/or other defects, we assume no liability and shall not be responsible for viruses or any other disabling features that affect your computer as a result of using our website, nor for any delays or failures you may experience in connection with, nor any modification, suspension or termination of our website.
- We shall only be liable for losses you suffer in connection with a breach of these Terms and Conditions which could be foreseen at the time when an order was placed. Foreseen is defined as where they could have been contemplated by both you and us acting reasonably.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a contract between you and us are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18. Law and Jurisdiction
These Terms and Conditions are governed by the law of the Island of Guernsey. Any disputes arising in connection with these Terms and Conditions shall be resolved before the courts of the Island of Guernsey.
19. Right to vary these Terms and Conditions
We have the right to amend these Terms and Conditions at any time without any prior notice or liability.
20. Expressions used in these Terms and Conditions
A “Dispensing Optician” means a person engaged or proposing to engage in the fitting and/or dispensing of optical appliances. An “Optometrist/Ophthalmic Optician” means a person engaged or proposing to engage in the testing of sight and a person lawfully qualified to issue a prescription/specification for optical appliances.
“Optical Dispensing Services” are defined as advice regarding optical appliances features and wear time; eye care and fitting advice; handling and maintenance advice and prescription and comfort advice. These “Optical Dispensing Services” are provided either directly by Our Opticians or by a trained Optical Consultant who is under the Direct Supervision of Our Opticians.