Terms & Conditions

Terms & Conditions

 

At www.mylenshop.com you can order a range of contact lenses ("Items") and by accessing this site and/ or ordering any Items from our site, you agree to be bound by these terms and conditions ("Conditions"). Please take time to read these Conditions carefully as they affect your rights and liabilities under law.

 

By placing an order for any of our Items via the site, you are deemed to have read and accepted the Conditions and other documents expressly referred to in these Conditions and be bound by them. Please note that before placing an order you will be asked to agree to these Conditions. Please click on the button marked "I Accept" at the end of these Conditions if you accept them. If you refuse to accept these Conditions, you will not be able to order any Items from the site.

 

We make changes to the Conditions and any changes will be notified to you via a suitable notice on the site. Please review the Conditions regularly for any updates and changes to ensure that you understand the terms which will apply at the time of your order. The use of the site will be deemed to be your acceptance of these updates and changes and if you do not wish to accept the new Conditions you should not continue to use the site. If you continue to use the site after the date on which the change comes into effect, your use of the site indicates your agreement to be bound by the new Conditions.

 

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Eligibility & Availability

 

1 Eligibility

 

1.1  To be eligible to purchase Items from this site you must:

 

   (a)  be 18 years of age or over; and

 

   (b)  have a credit or debit card acceptable to us in your name; and

 

   (c)  give your real name, address, phone number, email address and any other details requested.

 

2 Your Status

 

2.1  By placing an order from this site, you are confirming that:

 

   (a)  the order for Items placed through this site represents a request for contact lenses by you, which fulfils the needs of you yourself and no other person;

 

   (b)  you have a valid current contact lens specification which has not exceeded the expiry date noted on it and which has been issued by a registered optician or contact lens practitioner for the contact lenses which you are ordering;

 

   (c)  the data you provide concerning the condition of your eyes corresponds to the data found on your current contact lens specification;

 

   (d)  you have not been advised to stop wearing contact lenses by an eye care or medical practitioner and have not, within the last 12 months suffered from any eye condition requiring treatment;

 

   (e)  you consent to us contacting your optician or contact lens practitioner to verify your contact lens specification if required, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or contact lens practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order;

 

   (f)  you know of no reason why the contact lenses which you are ordering would not be appropriate for you;

 

   (g)  you are not experiencing any discomfort with the contact lenses you are currently prescribed to wear;

 

   (h)  you understand that you should not attempt to wear any lens where the lens specification does not match your current lens specification and that the left and right lenses should be worn only in the corresponding eye. You undertake that you shall use any contact lenses sent to you by us strictly in accordance with any accompanying user and safety instructions;

 

   (i)  you undertake to have a contact lens check at least once in any period of twelve months or more frequently, if recommended by your optician;

 

   (j)  the information and details provided by you either during registration or at any time are true, accurate, current and complete in all respects; and

 

   (k)  you will notify us immediately of any changes to the personal information by emailing our Customer Service representatives email: help@mylenshop.com;

2.3  Contact lens wear can affect the health of your eyes. In the supply of all contact lenses, all eye care practitioners have to meet certain legal obligations in the interest of their patient's ocular health. We only supply contact lenses as detailed specifically in your written contact lens prescription. We will not supply any other type of contact lenses.

 

2.4  We can accept no responsibility for your lack of suitability to wear contact lenses as detailed in the specification, or for your overall suitability to wear contact lenses.

 

2.5  We reserve the right to decline a new customer registration or suspend your account at any time. We also reserve the right not to accept your order for any reason.

 

3 Availability

 

3.1  All Items are subject to availability and we try our best to ensure that all Items on our site are in stock. If, for any other reason beyond our control, we are unable to supply an Item, we will not be liable to you except to ensure that you are not charged for that Item.

 

3.2  We will let you know as soon as possible if any particular Item is unavailable for purchase.

 

3.3  To ensure availability of all our Items, we may place restrictions on how many units of a particular product you can order at a time. We reserve the right to withdraw any Item from sale for any reason.

 

4 How the Contract is formed between you and us

 

4.1  The display of any Items on this site is an advertisement and not an offer. The submission by you of an online order form constitutes an offer by you to purchase Items for the value, and at the price, specified in the online order form subject to these Conditions.

 

4.2  When you have made your choice and your order has been placed, you will receive an order confirmation email acknowledging the details of your order. This email is not an acceptance of your order, just confirmation that we have received it.

 

4.3  The contract between us for the Items you have ordered will only be formed when we email you to confirm that your prescription has been verified and your Items have been dispatched. The contract will relate only to those Items whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate email confirmation. The contract will be formed in EU and the language of the contract will be English.

 

Descriptions, prices and product information

 

5 Descriptions

 

5.1  We aim to show Items as accurately as possible, but they may look different in the flesh. We take great care to reproduce Item descriptions and specifications provided by manufacturers accurately, but occasionally we make mistakes. If there is anything which is unclear, or if you wish to obtain further information, please contact our Customer Services by emailing us at help@mylenshop.com between 8.00am and 5pm (GMT) Monday to Friday (excluding bank holidays).

 

6 Prices and product information

 

6.1  All prices are expressed inclusive of any VAT payable (where applicable). This means that the total price you pay for the Item, and for the delivery, is always the same. The price of each Item does not include the cost of delivery or any other services. We reserve the right, however, to change prices on our site at any time without notice to you. We make every effort to ensure that prices shown are accurate when you place your order.

 

Payment

 

7 Payment

 

7.1  We only accept payment in Pounds Sterling, Euro, Polish Zloty, Danish Krone, Swedish Krona and by credit or debit card, PayPal and Bank Transfer

 

7.2  We are able to accept MasterCard, Visa, Maestro, Diners Club, Discover, American Express although we reserve the right to refuse to accept any of these cards from time to time without notice. We try hard to ensure that using your credit or debit card when you shop online is safe and secure. Our secure server encrypts your credit card number details and your personal information before securely transmitting them. Your browser will show you are in a secure environment by showing either a locked padlock or an image of a key in the grey bar at the bottom of the page; it may let you know that you are entering secure mode as you go to place your order.

 

7.3  Payment will be debited from your account upon submission of your order online. This will not be when the contract between Mylenshop.com and you is formed (see above).

 

7.4  All refund payments will be paid to you in Pounds Sterling, Euro and will match the amount you paid in Pounds Sterling, Euro for the Item(s) and delivery (if the delivery charge is refundable).

 

Delivery

 

8 Delivery

 

8.1  We undertake to supply you with the exact type and brand of contact lens specified by your optician in the contact lens specification sent by you to us. Contact lenses will be packaged in the original manufacturer's sealed package. Each set of contact lenses supplied to you by us will be despatched in a container which will bear an identifying lens prescription for each lens. While we use our reasonable endeavours to ensure that lenses of the correct prescription are supplied to you, you should confirm that the identifying lens prescription description notified to you is accurate and correct for your current eye condition.

 

8.2  Delivery to your home may incur a charge as detailed in our Delivery Information page. The delivery charge is charged on your total order.

 

8.3  If we have any problems verifying your prescription or we are out of stock, delivery time can be longer than stated on product page. We will contact you to let you know about it.

 

8.4  A signature may sometimes be required at delivery. By placing an order you are authorising us to accept signature from another person at the same address on your behalf if you need to sign for an Item and you are not present at the time of delivery.

 

8.5  For some Items that do not require a signature at delivery you may be able to give instructions explaining if and where you would like the Items to be left if no one is present at the time of delivery, such as with a neighbour.

 

8.6  Ownership of an Item will not pass to you until the Item has been delivered to you (either directly, or by leaving it in a safe place or with a neighbour). Once an Item is delivered, responsibility for risk of damage to or loss of the Item passes to you.

 

8.7  We also use third party delivery companies which may, at their discretion, leave an Item in a safe place if no one is present at the time of delivery. In these circumstances the delivery company will put a card through your letter box explaining where the Item has been left.

 

Cancellations, Returns & Refunds

 

9.1  Cancelling an order - Due to change of mind prior to or at the time of delivery.

 

9.2  If you wish to cancel your order you should contact customer services at help@mylenshop.com.

 

9.3  In some instances you may not be able to part cancel an order but you may be able to return the order and claim a refund, if this is the case our Customer Services team will explain this to you.

 

10 Cancelling an order - Within 14 days after delivery

 

10.1  You have the right to cancel this contract within 14 days without giving any reason.

 

10.2  The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

 

10.3  To exercise the right to cancel, you must inform us (MLS sp. z o.o.; Sw. Rocha 13/15/106, 15879 Bialystok, Poland; phone: +48 85 688 63 96; e-mail: help@mylenshop.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

 

10.4  You may use the attached model cancellation form, but it is not obligatory. This form can be downloaded here.

 

10.5  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

10.6  You will be responsible for the cost of returning the Item(s) which are not damaged, faulty or mis-described, subject to any rights you have under EU consumer legislation.

 

10.7  You must take reasonable care of the Item(s) whilst they are in your possession. If you do not exercise reasonable care and the Item(s) are damaged whilst in your possession or in transit we will not be able to accept the Item(s). We recommend you use a postal service that insures you for the value of the Item(s) you are returning.

 

10.8  When you return the Item(s) please return them undamaged, in a saleable condition, and with all of its components, in the re-sealable packaging provided with them.

 

10.9  You are able to cancel the Item(s) by returning the Item(s) as set out in the "Returning Item(s)" section below and will be entitled to a refund according to our "Refund Policy" set out below

 

11 Returning Item(s)

 

11.1  You can post the Item(s) together with the delivery note which you received in your parcel to Mylenshop.com, sw. Rocha 13/15/106, 15-879 Bialystok, Poland

11.2  If you are posting an Item back to us we recommend that you obtain a proof of posting certificate or receipt.

 

12 Return of damaged, faulty or mis-described Items

 

12.1  When your Items are delivered please check that the order is complete and not damaged. In the event that your order is visibly damaged, do not accept the order and enter on the Returns Form or delivery note "Damaged" along with a brief description of how or where the Item is damaged.

 

12.2  If you have accepted the Item(s) and subsequently discover that they are damaged/ faulty or mis-described, you are entitled to a refund, price reduction or replacement. Where a replacement is not possible, a refund will be offered.

 

12.3  Please note that for courier companies to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, you should inform us as soon as possible following delivery of the Item(s). Any claims made after this time but within 5 days will be subject to our discretion and thereafter any such claims may be considered unreasonable.

 

12.4  Do not continue to use your Item once you have discovered a defect. As soon as you detect that your Item is defective, please return the Item to us indicating on the Delivery Note what the issue is and whether you would like a refund, price reduction or replacement. Please return the Item with all of its components, in the re-sealable packaging provided with it.

 

12.5  If you have any problems with your purchase, we can offer help and assistance. Please contact our Customer Services by emailing us at help@mylenshop.com form 8am to 6pm (CET) Monday to Friday (excluding bank holidays).

12.6  Nothing within these Conditions affects your statutory rights.

 

13 Refund Policy

 

13.1  If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

 

13.2  We will make the reimbursement without undue delay, and not later than:

  • 14 days after the day we receive back from you any goods supplied, or
  • (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
  • if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

 

13.3  We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

13.4  We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

13.5  You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

 

13.5  You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Our Liability

 

14 Our Liability

 

14.1  If we fail to comply with these Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and you agree not to use the Items for any commercial, business or re-sale purposes and we have no liability to you in any event for business losses such as lost data, lost profits or business interruption.

 

14.2  The above statement shall not limit or affect our liability resulting from any Items sold being found to be unsafe or if something we do negligently causes death or personal injury. Our liability to you in connection with any order will not exceed the total price charged for the Items, subject to any rights under EU consumer legislation.

 

General

 

15 General

 

15.1  You may not transfer any of your rights under these Conditions to any other person. We may transfer our rights under these Conditions to another business where we reasonably believe your rights will not be affected.

 

15.2  If you breach these Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Conditions. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.

 

15.3  Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are invalid, unlawful or unenforceable to any extent, the remaining paragraphs will remain in full force and effect.

 

15.4  We shall not be responsible for any breach of these Conditions caused by circumstances beyond our reasonable control.

 

15.5  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

15.6  Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email 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 does not affect your statutory rights.

 

15.7  The names, images and logos identifying us and our products or third parties and their products and services are subject to copyright, design rights and trade marks of us, and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any trademark, patent, design right or copyright of ours, or of any other third party.

 

15.8 You can take advantage of the possibility of an amicable settlement of disputes relating to online shopping, the consumer can submit his complaint via the EU's Internet platform ODR, available at: http://ec.europa.eu/consumers/odr/

 

Company Information

 

This website is owned and operated by MLS sp. z o.o.

KRS   0000556271

VAT   5423244976

Sw. Rocha 13/15/106, 15-879 Bialystok, Poland

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