The agreement on this page lays out and explains the terms and conditions of use (“Agreement”, “Terms & Conditions”, “terms and conditions”) on which you may make use of the Vision Marketplace website www.visionmarketplace.com (our “Site”, “Vision Marketplace website”). This includes the terms and conditions over which we take and process orders and supply any of the products (“Products”) listed on our Site to you, whether as a visitor and/or a registered user and/or a customer (“You”). You must agree to abide by the terms and conditions contained in this Agreement before you use our services, placing an order and/or becoming a registered or unregistered customer.
With your capacity as a visitor and/or user and/or customer please read these terms and conditions carefully before you start to use the Site. In this capacity you have to regularly consult the page where this document is posted so you are informed of any updates. Usage of our Site is an explicit indication of acceptance of these Terms & Conditions and an explicit agreement that you abide by them, whether as a visitor, a registered user or a customer. By placing an order and/or registering as a user, you indicate your acceptance of this Agreement and its terms and conditions.
Information on Vision Marketplace
Our Site is operated by and the Products are sold by Vision Marketplace (“us” or “we”). We are registered in Cyprus, company registration number HE261896 and our registered office (and main trading address) is located in Nicosia, Cyprus.
Other Definitions in this Agreement
“Data”: It collectively means all information that you submit, in any form, way, or medium, to Vision Marketplace via the Site.
Use of Our Site
Accessing our Site
Permission to access our Site is given on a temporary basis. We always reserve the right to withdraw or amend the service we provide on our Site without notice. We are not obliged to provide notice on how we withdraw or amend the service we provide on our Site. We hold no liability in the possibility that our Site becomes unavailable at any time or for any period. We always reserve the right to restrict, forbid or minimize access to all or parts of our Site at any time, with or without notice.
Compliance with Laws
In connection with your usage of the Vision Marketplace website you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgements, decisions and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state or otherwise) that govern internet traffic and activity.
Our site may be used only for lawful purposes. It is your responsibility to ensure that the usage of our Site by you, or others for whom you are responsible, is compatible with the laws, rules and regulations of your country or jurisdiction.
Our Site may not be used:
- In any way that breaches any applicable local, national or international law or regulation. It is your responsibility to know the laws, rules and regulations of your country or jurisdiction.
- In any way that is unlawful, illegal, fraudulent, harmful, criminal or has any unlawful, illegal, fraudulent, harmful or criminal intention, purpose or effect.
- In any way that is harmful to minors or attempting to harm them. Our Site may not be used by minors. It is your responsibility to supervise and control internet usage by minors under your protection or custody.
- To send, knowingly receive, upload, download, use or reuse any material without our express written permission.
- To transmit, send, or instigate the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, known as “spam”.
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, injections, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or software or similar computer code designed to adversely, directly or indirectly, affect the operation of any computer software or hardware or network.
By accepting these Terms & Conditions you also agree not to access without authority, nor interfere with, nor damage, nor disrupt any part of our Site or and equipment or network which our Site is stored, managed and operated, including all its software and hardware. This includes software, hardware, equipment and networks used in the provision of services for the operation of our Site owned, used, managed and/or operated by any third party.
Intellectual Property Rights
Vision Marketplace retains all rights, ownership, and interest in the intellectual property, including any copyright, trademark, or other marketing or promotional material published on the Site. These works are protected by copyright laws and treaties locally and globally. All such rights are reserved. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in any material, promotional or otherwise, or in the underlying intellectual property, unless there is an explicit written agreement between Us and You.
You must not modify, alter, or misrepresented digital copies of any materials you have downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not quote text or other information from our Site in ways that it misrepresents or falsely frames Vision Marketplace. Our status, as well as that of any other contributors, as the authors and creators of material and content on our Site must always be acknowledged. This includes text, images, video, audio and any other intellectual content or property.
You must not use any part of the materials, content or property on our Site for commercial purposes without obtaining an express written permission to do so from us or our licensors.
Reliance on Information Posted
All information, commentary, images, videos, audio and other materials posted on our Site, as well as any other linked websites or social media, are not intended to amount to advice on which reliance should be placed. Vision Marketplace disclaims all liability and responsibility arising from any reliance placed on such information and materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
We aim to update our Site regularly, and may change the content at any time without prior notification. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Uploading or Submitting Material to Our Site
Any material or content or information, including text, images, audio and video, that you upload or otherwise submit to our Site will be considered non-confidential and non-proprietary. You grant us the right to use, copy, distribute and disclose to trusted third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material or information uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. It is your responsibility to verify that any material or information that you upload or submit to our Site does not violate any intellectual property rights or right to privacy of other persons.
Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. You must not attempt to gain unauthorised access to our Site, the servers on which our Site is stored or any server, computer or database connected to our Site. You must not attempt to take control of software, hardware, equipment or networks related to the operation of our Site, including those of third parties associated with us.
By breaching the above provision, you would commit a criminal offence. This will include your associates or others who under your control committed such criminal offences. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities, including disclosing your identity in our report to them. In the event of such a breach, your right to use our Site will cease immediately. In such event, further usage of our Site will be considered as additional proof of malicious intent.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your software, hardware, computer equipment, programs, data, storage devices, servers, networks or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to the Vision Marketplace Website
You may link to our Site through your website, social media accounts or in the context of your electronic communication with others. You agree that you will do so in a way that is fair and legal and does not damage our reputation or that of our affiliates or third parties that we cooperate with, nor take advantage of it. You agree that you will not provide a link through any medium in such a way as to suggest any form of association, affiliation, connection, approval or endorsement on our part where none exists. You are always solely responsible for your websites and social media accounts, including their development, operation and maintenance, and all materials that appear on or within it. The website from which you provide links to our Site must not violate any local or international laws, rules and regulations.
Vision Marketplace reserves the right to withdraw linking permission without notice. We may ask you to remove links to our Site from your websites and social media accounts at any moment.
If you wish to make any use of material on our Site other than that set out above, including becoming an affiliate, please address your request to firstname.lastname@example.org.
Links from the Vision Marketplace Website
Vision Marketplace cannot guarantee the state and quality of products or services that you purchase from third party sellers that your reached via links on our Site. Any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
Material Uploaded to our Site
In the event of registering as a customer, using our online services or using or software, hardware, equipment or networks, or that of our third-party associates, you must not upload material that:
- Is defamatory of any person.
- Is obscene, offensive, hateful or inflammatory.
- Is sexually explicit.
- Is violent or promotes violence.
- Is discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, or promote discrimination.
- Infringes on any copyright, database right or trade mark of any other person, organization or company.
- Is deceitful.
- Has been made in breach of any legal duty owed to a third party, such as a trademark, contractual duty or a duty of confidence.
- Promotes any illegal activity.
- Is threatening, abusive or invasive of another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Is likely to harass, upset, embarrass, alarm or annoy any other person.
- Is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Gives the impression that they emanate from us, if this is not the case.
- Advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer software or hardware misuse.
Suspension and Termination
It is in our absolute discretion to determine whether there has been a breach of these Terms & Conditions by your use of our Site. We may take such action we deem appropriate when such a breach has occurred. If you fail to comply with the Terms & Conditions laid out in this document we may take all or any of the following actions:
Issue of a warning to you and/or individuals accessing and using our Site through your equipment or network.
Immediate, temporary or permanent withdrawal of your right to use our Site and/or any other websites or networks under our ownership or control.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site and/or any other websites or networks under our ownership or control.
Disclosure of all necessary information to law enforcement authorities.
Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach. This includes, but is not limited to, administrative and legal costs.
The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Sale and Purchase of Products
By placing an order through our Site, as a registered user and/or a customer you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
Contract between You and Vision Marketplace
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This e-mail does not mean that your order has been accepted. What it means is that your order constitutes an offer by you to contract with us to buy the Products that we offer on our Site.
All orders are subject to acceptance by us. This acceptance will be confirmed from our part by sending you a confirmation e-mail. This e-mail confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. Vision Marketplace will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
A Contract can be cancelled by you at any time within 14 days beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy.
All Products are supplied in sealed containers. Your right to cancel a Contract ceases if the Products become unsealed after delivery.
To cancel a Contract, you must inform us in writing and dispatch the Products to us within the 14-day period, in the same condition in which you received them. This includes any packaging (apart from exterior delivery packaging) to be unopened and unmarked. Dispatching the Products back to us happens at your own cost and risk.
These provisions do not affect your statutory rights.
Valid Prescription Requirements
You hereby certify that you hold a valid prescription for the contact lenses or eyeglasses or sunglasses you wish to order. This means that your prescription was issued within 12 (twelve) months from the date of placing your order and that the prescription has been dispensed by a professional and qualified ophthalmologist or optician or optometrist or contact lens fitter, hereafter referred to as “practitioner”. It is your duty and responsibility to ensure that your practitioner is qualified according to the medical and other standards, as well as related laws, rules and regulations of your country or jurisdiction. We reserve the right to verify such details with your practitioner. The above statement also applies to customers re-ordering lenses. Where you have been given a contraindication to wear lenses by a registered practitioner we reserve the right to revoke any sale, unless otherwise redirected by the same or another registered practitioner. You hereby also state that you have no ailments that contraindicates the wear of lenses and you assume full personal responsibility for any mistakes or omissions regarding this matter.
When placing an order from Vision Marketplace you confirm and verify that you have been prescribe the contact lenses or eyeglasses you have ordered by a qualified practitioner, therefore we do not take responsibility if you order lenses that have not been prescribed for you and/or if the difference between the prescription and the purchase date exceeds 12 (twelve) months. We strongly recommend that regular eye checks be made by a qualified practitioner to ensure the welfare and continuity of your eye health.
It is not compulsory that you send us your prescription but by accepting these Terms & Conditions contained herein you verify that you have a valid prescription that is valid within law. The contact lens wearer must be at least 18 years old.
We are always willing to assist you with your prescription if you wish by e-mailing us at email@example.com.
Price of Products
The price of Products will be displayed on the relevant pages of our Site. The price of Products will be as quoted on the Site, except in the cases of obvious error.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our Site contains a large number of Products. It is possible that, despite our best efforts, that some listed Products may be incorrectly priced. If Products have been incorrectly priced, you will be charged the lower amount before dispatch, or contacted for instructions before doing so. However, we are under no obligation to charge a lower price of what was erroneously displayed if the pricing error is obvious and you should have reasonably recognized by you as mispricing or error.
Payment of Products
We accept payment for all Products with most major credit and debit cards, PayPal or Skrill. Your credit or debit card or PayPal or Skrill account will be charged between the time when you place your order and when the Products are dispatched for delivery.
Risk and Title
Ownership of the Products you order will only pass to you when we receive full payment of all sums due in respect of the Products. This includes delivery charges and any other possible charges, where stated.
The Products will be at your risk from the time of delivery to you and you are fully responsible for their wellbeing, including following all instructions related to maintenance and safe storage.
Please refer to our Returns & Exchanges Policy.
When store credit is posted to your account on our Site, you will be entitled to reduce the amount you pay on any future order placed. If your store credit balance is greater than the value of that order, the residual amount will remain on your account and may be applied in the same way to one or more further future orders.
A store credit balance does not represent money owed to you and is not redeemable for cash or otherwise. We have the right to withhold or withdraw any store credit posted at any time.
Limited Liability for Products and Services Provided
The liability of Vision Marketplace in connection with any Product purchased is strictly limited to the purchase price of that Product.
Exclusion of All Other Liabilities
The material and information displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. This includes text, images, video and audio. It also includes material and information in any form displayed on our associated websites and social media accounts.
To the extent permitted by law, we, as well as third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites or social media accounts linked to it and any materials posted on it, including, without limitation any liability for, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time;
Any other loss or damage of any kind, however arising and whether caused by tort, including negligence, breach of contract or otherwise, even if foreseeable.
We will not be liable to you where we are unable to fulfil any of our obligations to you as a result of circumstances beyond our control.
The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence.
Place of Sale, Jurisdiction and Applicable Law
Place of Sale
The place of sale for all transactions conducted on this Site is the Republic of Cyprus (“Cyprus”).
These terms are governed by the law of Cyprus and all Contracts made with us for the purchase of Products will be governed by the law of Cyprus.
The courts of Cyprus will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site and any dispute arising from, or related to, contracts for the purchase of Products from our Site. However, we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
We may revise these terms at any time by amending this page. As these Terms & Conditions are binding to you, you are expected to check the document on this page from time to time to take notice of any changes we make. Some of the provisions contained in this document may also be superseded by provisions or notices published elsewhere on our Site.
If you have any concerns about content, information and material which appears on our Site, please contact firstname.lastname@example.org.
Vision Marketplace Terms & Conditions, effective date 25 May 2018