Terms of Use

1. Acceptance of Terms

The following consists of the terms and conditions governing your ("you" or "user") access to and use of EYESEE’s (the “Company” and/or "we" and/or "us") website and content available at www.eyesee.co.uk and the software, services, information, tools, features and functionality available therein (the “Services”) subject to the terms herein contained. By accessing the Services, you acknowledge that you have read, understand, and agree to abide by the terms described herein. If you do not understand or agree to these terms, you should immediately exit and stop using the Services. If you continue using the Services you accept and agree to these terms and conditions (the “Terms”). 

These Terms are a binding agreement between you and the Company. Your use of the Services is governed by the version of the Terms in effect on the date these Services are accessed by you.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN DO NOT USE THE COMPANY SERVICES.

2. Limited License to Access the Services

Subject to the Terms and conditions set forth herein (including without limitation payment of any applicable fees), the Company hereby grants to you, and you accept, a nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make use of the Services, only according to the terms of these Terms and the Privacy Policy (defined below). The licence shall be granted until terminated in accordance with the terms hereof. If your licence to use the Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, the Company may, without notice, delete your account (as defined below) or deny you access to any of the Services.

3. Title & Ownership

All Intellectual Property Rights (defined below) evidenced by or embodied in and/or attached/connected/related to the Service, are and shall be owned exclusively by the Company (or its licensors). These Terms do not convey to you an interest in or to the Services, but only a limited right of use revocable in accordance with the terms of these Terms. The rights granted by these Terms are limited to those expressly stated herein, and no additional rights or licences are being granted by implication or otherwise. "Intellectual Property Rights" means worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, including copyrights, copyright applications, copyright restrictions; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

4. The Services

By using the Services you are offering to contract with the Company for the supply of prescription glasses, contact lenses, sunglasses, accessories, related products and any/or any other product offered by the Company (the "Products"), by placing orders through this website for the provision of the Products in accordance with these Terms ("Purchase Order"). You use the Services at your own risk. The information provided through this Service is not intended as a substitute for medical counsel or professional advice from your personal optometrist or ophthalmologist. Your access or use of the Services shall not create in any way a physician - patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of the Company. No information provided within the Services shall be considered legal advice or medical advice of any kind.

5. Limitations on Use

The Services must be used and maintained in strict compliance with the instruction of the Company contained herein. Except as specifically permitted herein, you agree not to (i) sell, license (or sublicense), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to anyone else; (ii) transfer, distribute, copy all or any part of the Services and/or any third party content made available therein, including but not limited to content, posts, media files, submissions, or any Intellectual Property Rights of other users and third parties; (iii) make use of the Services in any jurisdiction where same are illegal; (iv) use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful or offensive use; (v) make network connections to any users, hosts, or networks unless you have permission to communicate with them; or (vi) distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements; (vii) distribute, publish, send, or facilitate the sending of any illegal content or content which infringes intellectual property rights of third parties or their right for privacy.

Additionally, the Company reserves the right, without limitation, to terminate your access to and use of the Services if, in the Company's view, your conduct fails to meet any of the following guidelines for user conduct: (i)You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the computer systems and network, or the Services; (ii) You may not attempt to interfere with any other person’s use of the Services; (iii) You may not misrepresent your identity or impersonate any person; (iv) You may not attempt to gain access to any account, computers or networks related to the Services without authorisation. (v) You may not upload, post, transmit to other users by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vi) You may not attempt to charge others to use the Services either directly or indirectly; and (vii) You may not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software used or provided by the Company in connection with the Services.

6. Privacy Policy

The Company recognises and respects the importance of protecting the privacy of all information provided by users. The Company collects and stores certain information about its users. Please read our Privacy Policy available HERE.

7. Your Account

When registering for the use of our Services you are required to provide us personal information and content credentials (including without limitation: user name and password) (“Your Account”). You agree to provide true, accurate, complete and current information and maintain and promptly update the registration data to keep it true, accurate, current and complete. You are solely responsible for completing the registration process required to use the Services, and for any information you provide in connection with this Service and your use thereof. You agree to immediately notify the Company of any unauthorised use of Your Account. The Company cannot and will not be liable for any loss or damage arising from any unauthorised use of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Additionally, you hereby represent that you: (i) are eighteen (18) years of age or older; (ii) own a valid credit card issued by an international bank or credit company, and/or own a personal PayPal account registered to your name; (iii) shall provide the Company with all the personal details required for the accurate execution of your Purchase Order; (iv) hold a valid prescription, issued by a professional optometrist and/or ophthalmologist during the past two years; and (v) shall provide the Company full and exact details relating to your most recent prescription (including any comments noted on the prescription) per the Company's request.

8. Ordering Products

The Company can receive orders for Products in one of the following methods: (i) submission of an online Purchase Order form on this website; or (ii) submitting all details required by email at support@eyesee.co.uk; or (iii) contact by phone at 02070195084. The Company shall accept Purchase Orders for Products requiring prescription only after such prescription has been examined and approved by an optometrist on behalf of the Company, and after the applicable payment of fees had been authorised. Nonetheless, the Company shall not be responsible for the examination of the prescription with regards to its accuracy and correctness. Said examination is performed solely for the Company's internal requirements, and the accuracy and correctness of the prescription shall be the sole responsibility of the user.

9. Payment of Fees

The Company reserves the right to change the fees, Product prices or applicable charges and to institute new charges at any time. All amounts payable will be made without setoff or counterclaim, and without any deduction or withholding. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide the Company any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify the Company and will pay the Company any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide the Company with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority. Purchase Orders shall be subject to authorisation and confirmation of the applicable payment of all fees, and the accuracy of the details provided by the user. The Company may reserves the right to cancel any Purchase Order if any such payment is not authorised and/or if any details provided therein are found to be incomplete or inaccurate and you shall not be entitled to any remedy or compensation resulting from such cancellation.

10. Limitation of Supply

The Company shall make reasonable efforts to ensure that all Purchase Orders are fulfilled, however the availability of the Products and/or lenses at the given price cannot be guaranteed. If the Product you have ordered is unavailable, we will attempt to contact you and offer you a choice to receive an alternative Product or a refund. If we are unable to contact you, your Purchase Order will be cancelled and you will be given a full refund. It is hereby clarified that in such instances the above shall be the sole remedy available to you, and you shall not be entitled to any other payment and/or compensation.

11. Measurement Services

Subject to these Terms and the payment of the applicable fees, the Company may enable you to access its virtual measurement application on its website. Once registration has been complete, including full and exact information (including payment details), you may choose from the Products, up to three (3) frames included in the virtual measurement application recommendation, which the Company shall have delivered to the address provided by registered mail. A confirmation email shall be sent thereafter. The availability of said service is not guaranteed and will be provided subject to the Company's sole discretion.

12. Delivery

Any paid for Product will incur a delivery charge. The Company will make reasonable endeavours to ensure your purchased Products are dispatched to you as quickly as possible after placing your order. For orders of ready-made Products, delivery will usually be made within 5 working days to a mainland UK address. However bespoke Products, including any Product with a prescription, could take up to 14 business days to deliver due to the manufacturing process involved. Designer products may take up to 30 days to deliver. Exceptions to this are deliveries to AB and DD postcodes, Highlands and Islands and Northern Ireland, and international destinations which could take significantly longer.

13. Returns Policy

If you have purchased a Product which does not comply with the prescription provided to the Company, you shall be entitled to a full refund, provided that you inform the Company within 14 days of receiving the Product, and after such Product has been returned to the Company. Refund of the Product and delivery cost shall be the sole remedy available in such instances, and you shall not be entitled to any additional payment and/or compensation.

If you would like to return a Product which does comply with a prescription which has been provided to the Company, you may only be entitled to receive a refund for the frame, as the lenses are personally made upon order and are not a shelf-product, and you shall additionally be charged for the cost of delivery. If a returned Product is found to be fully complying with its prescription, the Company shall in its sole discretion decide whether or not to refund the cost of the lenses and/or the shipment.

This returns policy is valid for 14 days since the day upon which the Product is received by registered mail or at the address provided. After 14 days return of any Products shall not be available.

The prescription you provide shall be your sole responsibility and the Company shall be responsible solely for the Product as it is ordered according to the prescription.

14. Product Warranty

The Company shall endeavor to provide quality Products. All Products include full manufacturer warranty, with regards to manufacturing flaws in the frame, valid for a period of one year from the date of receiving the Product. A flaw may be a dent or a crack in the frame, plating or plastic axle.

Multi-focal / Bifocal Products include a two-year manufacturer's warranty for the frame's plating.

No warranty shall be valid with regards to scratches and/or cracks and/or any flaw caused by unreasonable use and/or which does not comply with the instructions of the Product.

15. Disclaimers

THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS, “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY RESULTS, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND/OR NON-INFRINGEMENT, AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS LICENSORS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS (COLLECTIVELY “AFFILIATES”) ARE NOT AND WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES.

WITHOUT DEROGATING FROM THE FOREGOING, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR THE ONLINE SERVICES PROVIDED VIA THE SERVICES, DURING THE TWELVE (12) MONTHS PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.

WE MAY CHANGE THE SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THE FOREGOING COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT; (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA; (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (4) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

YOU RECOGNISE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY YOU FOR THE SERVICES AND IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

17. Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, stockholders, affiliates, agents and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney's fees and costs, arising out of or in any way connected with breach of these Terms.

18. Your Submissions

You represent that: (i) you own all rights and licenses for all required uses of the content, codes, information, images, photos, text, graphics, logos, trademarks, service marks, designs, audio clips, digital downloads, data compilations, copyrighted materials, software and services uploaded or transferred by you in connection with the Services (the “Submissions”); (ii) you have the right to provide applicable rights in your Submissions, including the right to transfer and copy your Submissions uploaded or transferred by you via the Services, which you control and for which you are solely responsible for; (iii) there are no restrictions, limitations, contractual or statutory obligations or restrictions or any other factor whatsoever which prevents or restricts from granting the rights in connection with your Submissions ; (iv) your Submissions will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit the Company or any third person; or (f) otherwise violates any laws, rules, regulations or policies of any competent jurisdiction; and (v) you are solely responsible for all aspects related to your Submissions.

You hereby grant the Company a nonexclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free licence, with the right to sublicense, to use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, create derivative works of, your Submissions and otherwise use and commercially exploit any text, videos, photographs or other data and information you submit to the Services, in any media formats. Such licence will apply to any form, media, or technology now known or hereafter developed. The Company will not post or share Submissions unless that is the outcome of the use you make of the Services.

19. Third Party Websites

We may provide links or promote websites or services from other companies or offer you the ability to download software from other companies. You agree that the Company is not responsible for those websites which it does not control. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. The Company does not endorse or approve any content made available or transferred via the Services, with regards to which the Company acts as a mere conduit. We do not review such content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to third party websites, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

20. Suspension and Termination

We may suspend your right to access or use any portion or all of the Service offerings immediately if we determine: (a) your use of the Services offerings (i) poses a security risk to the Service offerings or to any third party, (ii) may adversely impact the Services offerings or the systems or content of any other Company user or customer, or (iii) may subject us, our affiliates, or any third party to liability; or (b) you are in breach of these Terms, including if you are delinquent on your payment obligations for more than 15 days. We may terminate the Services if you fail to comply with these Terms. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1, 3, 6, 15-21.

21. Miscellaneous

Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

Claims: YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment: These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement: Unless stated otherwise in a written agreement between you and the Company, these Terms and the Privacy Policy constitute the entire agreements between you and the Company relating to the subject matter herein. You should review the most current version of this document by visiting www.eyesee.co.uk and clicking on Terms of Use. The Company reserves the right to make material changes to these terms, and will use reasonable efforts to notify you in advance of any such change via email and/or via messages in your user account and/or posting modifications via the Services.