Terms & conditions
Welcome to the daysoftlenses.com website (the �Website�) operated by Prescription
Logistics Limited. This site is provided to you subject to the following terms and
conditions. Please read the terms and conditions carefully as, if you visit or shop
at this website, you are deemed to have accepted them. If you do not agree to our
terms, please leave the site and do not place any orders with us.
1. Copyright Statement
The contents of this Website (including all website design, text, graphics, the
selection and arrangement thereof and all software compilations, underlying source
code, software and all other material) are copyright daysoft limited or its content
and technology providers except in so far as individually stated on particular material
or items. You may view the site and download any part(s) of it to a personal computer
for personal viewing for private purposes only but you are not permitted without
the permission of daysoft limited (a) to store it or any part of it other than for
the purposes set out in this paragraph; (b) to print out copies except for your
own viewing/records for private purposes; or (c) to reproduce, copy or transmit
it (or any part of it) in any other way for any purpose or in any other medium.
You are also not entitled to alter the content in any way.
2. Privacy
Your personal information and right to privacy is important to us. Please review
our privacy policy, which also governs your visit to our site, in order to understand
our information-handling practices.
3. Links
Links to other sites are made at your own risk and Prescription Logistics Limited
accepts no liability for any linked sites. When you access a non-Prescription Logistics
Limited website, please understand that it is independent from Prescription Logistics
Limited and Prescription Logistics Limited has no control over the content of that
website. Further, a link to a non- Prescription Logistics Limited website does not
mean that Prescription Logistics Limited endorses or accepts any responsibility
for the content or the use of such website. Users must take their own precautions
to ensure what is selected for use is free of such items as viruses, worms, trojan
horses and other items of a destructive nature.
4. Terms and Conditions of Purchase
Should you decide to purchase any products offered on our Website, you must first
accept our terms and conditions of purchase. Please select the following link to
view our terms and conditions of purchase.
5. Advertising/Sponsorship
Inclusion of any material in adverts or sponsor's materials on this Website does
not constitute any guarantee or endorsement as to the quality or value of any of
the products advertised or any claims made for the product by the manufacturer.
Any correspondence or dealings which you may have with advertisers or sponsors promoting
themselves on this Website are solely between you and that party. We shall not be
responsible or liable for any loss or damage of any kind incurred as a result of
any such dealing or as a result of the presence of such advertisers on the Website.
6. Updates
Information may be changed or updated on this Website without notice. Prescription
Logistics Limited may also make improvements and/or changes in the products described
in this information at any time without notice.
7. Disclaimer
The information published on our Website is provided as a convenience to visitors
and should be used for information purposes only and is subject to change without
notice. Whilst we use all reasonable efforts to ensure that the information contained
on the Website is current, accurate and complete at the date of publication, no
representations or warranties are made (express or implied) as to the reliability,
accuracy or completeness of such information. Neither daysoftlenses.com nor Prescription
Logistics Limited can therefore be held liable for any loss arising directly or
indirectly from the use of, or any action taken in reliance on, any information
appearing on the Website. In addition, no warranty is given as to the freedom of
Website (or any information downloaded from it) from errors, defects, viruses or
other malicious programs or macros. We exclude all other express or implied terms,
conditions, warranties, representations or endorsements whatsoever with regard to
our Website or any information or service provided through our Website (which are
provided to you on an �as is� basis) and we accept no liability in this regard.
The limitations and exclusions in this clause do not affect your non-excludable
statutory rights and only apply to the extent permitted by applicable law.
8. Governing Law
These terms and conditions of use shall be governed by the laws of the Island of
jersey are subject to the exclusive jurisdiction of the Courts of Jersey.
9. Site Policies, Modification and Severability
We reserve the right to make changes to our site, our policies and these terms and
conditions of use at any time. If any of these conditions shall be deemed invalid,
void or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any of the remaining conditions.
10. Our Address
Should you wish to contact us at any time you can do so by e-mail to enquiries@PLJersey.com
or by post to the following address:
Prescription Logistics Limited
Heron House
L'Avenue de la Commune
St Peter
Jersey
JE3 7BY
Channel Islands, British Isles
daysoftlenses.com TERMS AND CONDITIONS FOR PURCHASE OF CONTACT LENSES/SUNGLASSES
1. Definitions and Interpretation
1.1 In these Conditions, the following words and expressions will have the following
meanings:-
�Conditions� the terms and conditions contained herein together with any other conditions
which we may from time to time stipulate;
�Contract� the contract for the purchase of the Contact Lenses/Sunglasses between
you and us constituted by the submission of an Order by you and the sending of an
acceptance by us in terms of Clause 2.A.3;
�Contact Lenses� daily wear, daily disposable soft Contact Lenses manufactured by
or to our order, ordered by you or ordered by you through our Website and described
in a confirmation of order sent to you by email if you provide an email address;
�Sunglasses� Sunglasses ordered by you or ordered by you through our Website and
described in a confirmation of order sent to you by email if you provide an email
address;
�Order(s)� orders for Contact Lenses/Sunglasses on this Website; telephone orders;
mail orders;
�Price� the total price stated for the Contact Lenses/Sunglasses in the relevant
Order subject to Clause 3;
�we, us, our� Prescription Logistics Limited incorporated in Jersey with registered
number 98358 and having its registered office at Brunel House, 3 Old Street, St
Helier, Jersey, JE2 3RG, Channel Islands, British Isles;
�Website� the website on which these Conditions are located, namely http://www.daysoftlenses.com;
and
�you, your� the individual with whom we contract for the sale or supply of Contact
Lenses/Sunglasses.
Reference to Clauses shall mean the clauses of these conditions, and headings are
for ease of reference only and shall not affect interpretation. Any reference to
the singular shall include the plural and vice versa.
2.A Orders for Contact Lenses and/or Sunglasses
2.A.1 - You are responsible at all times for guarding and ensuring the safety and
security of any passwords, login names or other information which we may give you
from time to time giving you access to our Website (the �Access Information�) and
you shall not disclose the same to any other person, directly or indirectly. Should
you become aware that such information has been so divulged, you shall notify us
immediately. Further, you shall be liable for all Orders submitted using the Access
Information until you have so notified us.
2.A.2 - Each Order submitted by you to us constitutes an offer by you to purchase
the Contact Lenses/Sunglasses specified in the Order and is subject to these Conditions.
If we accept your Order, we will confirm acceptance to you by email to the email
address you give us when you place your Order. Until a confirmation of the Order
is issued by us, we will be under no obligation to you and no Contract will be deemed
to have been formed. To avoid doubt, we shall be entitled to refuse any Order placed
by you.
2.A.3 - These Conditions shall constitute (with the Order) the whole Contract between
us and you to the exclusion of any other terms and conditions. Contracts may not
be modified or varied unless specifically accepted by us in writing.
2.A.4 - We attempt to be as accurate as possible. However, statements, descriptions,
photographs, diagrams or specifications concerning the Contact Lenses/Sunglasses
which are made by or given on our behalf are for the purpose of information and
guidance only and we do not warrant that these will be accurate, complete, current
or error-free. If Contact Lenses/Sunglasses offered by us are not as described,
your sole remedy is to return the Contact Lenses/Sunglasses in an unused condition
in accordance with the provisions detailed below. This does not affect your statutory
rights.
2.A.5 - If the Contact Lenses/Sunglasses you ordered are unavailable, we reserve
the right to supply substitute Contact Lenses/Sunglasses of an equivalent quality
and price or from a different source of supply, at our sole discretion. Your rights
under Clause 5 are unaffected. If we have no suitable substitute Contact Lenses/Sunglasses
in stock, any payment taken from your credit or debit card will be refunded and
we will notify you by email at the address given by you when you placed your Order.
The refund will be made as soon as possible and in any event within thirty days
of your Order. We will not be obliged to offer any additional compensation for disappointments
suffered.
2.A.6 - Subject to Clause 5, no Order which has been accepted by us can be cancelled
by you except with our written consent.
2.B Orders for Contact Lenses
2.B.1 - The wearer has a valid prescription for soft Contact Lenses. A valid prescription
is one which does not expire within the period for which the Contact Lenses have
been ordered. For example, to order a 1 month supply of Contact Lenses there must
be at least 1 month left to run on the prescription. Our maximum quantity per order
is a 3 month supply, so in this case there must be at least 3 months left to run
before expiry of the prescription.
3. Price and Payment
3.1 - You must pay by credit or debit card at the time of your Order. You undertake
that all details you provide to us for the purpose of purchasing Contact Lenses/Sunglasses
will be correct. You also undertake that the credit or debit card which you use
is your own (or if someone else's, that you have his/her express permission to use
it) and that there are sufficient funds or credit facilities to cover the cost of
your Order.
3.2 - The Price of any Contact Lenses/Sunglasses is the price in force at the date
and time of your Order. We may change the price of any Contact Lenses/Sunglasses
before you place an Order. We try to ensure that our prices displayed on our Website
are accurate at all times, but the price on your Order will require to be validated
by us as part of the acceptance procedure (see Clause 2.A.2).
3.3 - The Prices will be inclusive of delivery costs, VAT (where applicable) and
all other applicable taxes and charges (subject to any applicable re-delivery charges
under Clauses 4).
4. Delivery
4.1 - We will deliver the Contact Lenses/Sunglasses ordered by you to the address
you give us for delivery at the time you make your order and by whatever means we
reasonably consider appropriate. Property in the Contact Lenses/Sunglasses will
remain with us until payment is received in full. You will become the owner of the
Contact Lenses/Sunglasses only when the Price is received by us in full and when
they have been delivered to you. Once Contact Lenses/Sunglasses have been delivered
to you they will be held at your own risk and we will not be liable for their loss
or destruction. We reserve the right to make an extra charge for re-delivery if
you are not available to accept the Contact Lenses/Sunglasses when delivered to
you.
4.2 - We will use our reasonable endeavours to deliver the Contact Lenses/Sunglasses
by any estimated delivery date or within any estimated delivery period, but time
for delivery will not be of the essence of the Contract and we will not be liable
for any failure to deliver by such date or within such period.
5. Cancellation / Returns
5.1 - You are entitled to cancel your Order for Contact Lenses/Sunglasses at any
time up to the end of the seventh working day after you submit your Order, even
if you have already received the Contact Lenses/Sunglasses. No reason need be given
and no penalty payment will apply. In order to withdraw your order you must notify
us in writing at the email or postal address set out in the contact details below.
If you have received your Contact Lenses/Sunglasses before you withdraw your Order,
you must send them back to us at your own cost and risk and in an unused condition.
If you withdraw your Order but we have already processed the Contact Lenses/Sunglasses
for delivery, you must not unpack the Contact Lenses/Sunglasses when they are received
by you and you must send the Contact Lenses/Sunglasses back to us at the contact
address below at your own cost and risk as soon as possible. Once you have notified
us in writing that you are withdrawing your Order, any payment taken by us from
your credit or debit card will be re-credited to your account as soon as possible
and in any event within thirty days of your Order, provided that the Contact Lenses/Sunglasses
in question are returned by you and received by us in the condition they were in
when delivered to you.
5.2 - If the goods sent are not what you ordered (subject to any reasonable substitution
made by us under Clause 2.A.5) or are damaged or defective or the delivery is of
an incorrect quantity, you must notify us of the problem in writing at the email
or postal address below within 10 days of receipt (but please note that this does
not affect your statutory rights).
5.3 - Should you notify us of a problem under Clause 5.2, we agree (at our option)
to:-
5.3.1 - make good any shortage or non-delivery;
5.3.2 - replace or repair any Contact Lenses/Sunglasses that are damaged or defective;
or
5.3.3 - refund to you the Price paid by you for the Contact Lenses/Sunglasses in
question, and this shall be the limit of our obligations in such circumstances.
5.4 - We may defer or cancel any deliveries of Contact Lenses/Sunglasses and/or
treat the Contract as terminated if you:-
5.4.1 - fail to make any payment when it becomes due; or
5.4.2 - breach any of these Conditions.
5.5 - Except as expressly provided in these Conditions, cancellation by you will
only be accepted at our sole discretion. Acceptance of any cancellation will only
be binding on us if such acceptance is in writing.
6. Liability
6.1 - We promise that for any Contact Lenses/Sunglasses you purchase from our Website:-
6.1.1 - we have the right to sell the Contact Lenses/Sunglasses to you;
6.1.2 - the Contact Lenses/Sunglasses will substantially correspond with the description
we have given to you; and
6.1.3 - the Contact Lenses/Sunglasses will be of satisfactory quality.
6.2 - We exclude all other express or implied terms, conditions, warranties, representations
or endorsements whatsoever with regard to any products (including but not limited
to the Contact Lenses/Sunglasses), our Website or any information or service provided
through our Website (which are provided to you on an �as is� basis).
6.3 - Without prejudice to the foregoing, we shall be under no liability in respect
of:-
6.3.1 - any defect in the Contact Lenses/Sunglasses arising from fair wear and tear,
wilful damage, negligence, abnormal use, failure to follow our instructions (whether
oral, in writing or in electronic form), misuse or alteration or repair of the Contact
Lenses/Sunglasses without our approval; or
6.3.2 - any omission on our part to remind or notify you that additional replacement
Contact Lenses are due to be Ordered through the proactive ordering process on the
Website.
6.4 - Notwithstanding the generality of the foregoing, we expressly exclude liability
for any indirect or consequential loss or damage (whether for loss of profits or
otherwise).
6.5 - Subject to the other provisions hereof and except in so far as our liability
may not be excluded or limited by law, you acknowledge and agree that our entire
liability under this Contract shall be limited to the total Price actually received
by us pursuant to the Contract which sum you acknowledge and agree is reasonable
in all the circumstances.
6.6 - Nothing in this Clause 6 is, however, intended to limit any rights you may
have as a consumer under applicable law that may not be excluded nor in any way
exclude or limit our liability to you for any death or personal injury resulting
from our negligence.
7. Intellectual Property and Data Protection
7.1 - You shall not use or deal with the Contact Lenses/Sunglasses or our Website,
catalogues, brochures, leaflets, lists or other information so as to infringe, interfere
with or weaken any of our rights under or in respect of any patents, processes,
proprietary information, trade marks, registered designs, art work or copyright
for or in connection with the Contact Lenses/Sunglasses. We shall have no liability
for the infringement of any rights of any third party arising from the use of the
Contact Lenses/Sunglasses in combination with other Contact Lenses/Sunglasses, trade
marks and processes not supplied by us.
7.2 - You agree that you shall be the end user of the Contact Lenses/Sunglasses
and that you are not entitled to distribute, sell, market or in any way deal in
or with the Contact Lenses/Sunglasses other than as permitted herein.
7.3 - By accepting these Conditions, you agree to the processing of your personal
information by us for the purpose of processing your Order and delivering your Contact
Lenses/Sunglasses to you in accordance with our privacy policy which abides by the
Data Protection (Jersey) Law 2005 (registration number 17035).
8. Improvements and Alterations
We have a policy of continuous improvement to our Contact Lenses/Sunglasses and
in pursuance of this policy we reserve the right to make changes to the specification
of the Contact Lenses/Sunglasses without notice.
9. Force Majeure
We shall not be liable for the delay or failure in performing our obligations under
the contract to the extent that such failure or delay is caused by or contributed
to by causes beyond our reasonable control. Should any such event occur, we shall
attempt to notify you promptly and we may at our sole discretion suspend and/or
cancel the Contract without incurring any liability whatsoever for any loss or damage
thereby occasioned.
10. General
10.1 - These Conditions and any Contract is personal to you and you may not assign
it without our prior written consent.
10.2 - These Conditions and any Contract shall be governed by and construed in accordance
with the laws of the Island of Jersey. You hereby agree, for our exclusive benefit,
that the Courts of Jersey shall have sole jurisdiction to hear all claims for proceedings
connected with the Contact Lenses/Sunglasses and any Contract. We may nevertheless
bring claims in any other courts of competent jurisdiction.
10.3 - Failure by us to enforce strict compliance of these conditions by you will
not constitute a waiver of any of these conditions.
10.4 - If any provision of these Conditions are held by any competent authority
to be invalid or unenforceable, in whole or in part, the validity of the other provisions
of these Conditions and the remainder of the provisions in question shall not be
affected.
11. Contact Details
Should you have any complaints or comments you contact us at any time by e-mail
to enquiries@PLJersey.com or by post to the following address:
Prescription Logistics Limited
Heron House
L'Avenue de la Commune,
St Peter
Jersey
JE3 7BY
Channel Islands, British Isles