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Terms and conditions

General Terms and Conditions and Customer Information of Vision Group AG for the Online Shop at the domain discountlens.de

 

1. Supplier and seller

Vision Group AG

Neugutstrasse 52

8600 Dübendorf

SWITZERLAND

Company number: CHE-390.145.890 in the Commercial Register Office of the Canton of Zurich

VAT No. Switzerland: CHE-390.145.890 VAT

Managing Directors: Simon Virlis, Michael Schürpf, Andreas Hungerbühler

2. Scope of application, contract language

  1. The following General Terms and Conditions ("GTC") in the version valid at the time of your order apply exclusively to all orders placed by you through this online store. Any other terms and conditions do not apply unless we expressly agree to them.

  2. The language available for the conclusion of the contract is exclusively German.

3. Conclusion of contract

  1. The range of goods presented in the online store does not constitute a binding offer to conclude a purchase contract. Only your order constitutes a legally binding offer to us to conclude a purchase contract.

  2. You can select products from the online store's range of goods and collect them in a virtual shopping cart using a button labelled "Add to cart" or similar. At any time you can view the contents of the shopping cart by clicking on the shopping cart button and change them by using the functions provided to remove or edit items. After pressing the checkout button, you have the option of entering or selecting your billing address, a shipping address, the payment method and the delivery method. This data can be viewed on an overview page and amended using the "Edit" function or the selection options provided. You can also view the selected items and modify them here using the item customisation functions provided. By sending the order via the order button (e.g. "Order subject to payment") you make a binding offer to purchase the goods in the shopping cart.

  3. We will confirm receipt of your offer by means of an automatic confirmation of receipt by email, in which your order will be listed again and which you can print out using the function provided by your terminal device for printing. The automatic confirmation of receipt merely documents that we have received your order and does not yet constitute acceptance of the offer.

  4. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation), or when we ship the goods to you - without prior express declaration of acceptance - or when we request payment after you have placed your order. If several of the aforementioned alternatives exist, the contract will be concluded at the point in time at which one of the aforementioned alternatives first occurs. Your request can only be accepted by us up to the point in time at which you may expect to receive the response in ordinary circumstances (section 147(2) of the German Civil Code, "BGB"). Exception: when paying in advance and by PayPal, acceptance of the order occurs immediately with your order.

  5. Only orders in commercially standard quantities from private end consumers of legal age will be accepted.

4. Storage of the contract text

The contractual provisions with details of the goods ordered and/or services booked will be sent to you along with these GTC and the cancellation policy in text form (e.g. email, fax or letter) after you have submitted your order. We do not store any data beyond this.

5. Right of withdrawal for consumers

Consumers are generally entitled to a right of withdrawal. You can find more information about the right of withdrawal in our cancellation policy.

6. Prices and payment terms

  1. All prices stated in the online store are total prices including the applicable statutory sales tax.

  2. Any additional delivery and shipping costs will be indicated separately in the respective product description and on the order form.

  3. In the case of delivery to countries outside the European Union, additional costs may be incurred in individual cases, which must be paid by the customer. These include, for example, the costs of monetary transactions (e.g. transfer fees, foreign currency costs) or import duties or taxes (e.g. customs duties and import sales tax).

  4. The payment options will be notified to you in the online store. Payment can be made either by credit card, PayPal, instant bank transfer or on account. We are free to choose the payment methods available in each case.

  5. If the credit card payment method is selected, the invoice amount is due immediately on conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main, whom we authorise to collect receivables on our behalf. BSPAYONE GmbH collects the invoice amount from your specified credit card account. The credit card is charged immediately after your order is sent in the online store. We remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, declarations of withdrawal and deliveries or credit notes, even if the credit card payment method via BS PAYONE GmbH is selected.

  6. B If the payment service provider "PayPal" is used, payment will be processed by PayPal (Europe) S.à r.l.. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that you open or already have a PayPal account.

  7. If you choose the instant bank transfer payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account that has been activated for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. You can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

  8. Insofar as we offer the purchase on account payment method, when this payment method is selected the purchase price is due after the goods have been delivered and invoiced for. In this case, the purchase price is payable within 10 (ten) days from receipt of the invoice without deduction, unless otherwise agreed. 

7. Delivery and shipping terms

  1. Delivery is made within the countries or delivery areas set out in the respective offer or in the online store.

  2. The goods will be shipped by mail or parcel delivery to the delivery address provided by you, unless otherwise agreed.

  3. We reserve the right to make partial deliveries when multiple products are ordered, to the extent that this is reasonable for you. In this case, the shipping costs will be charged only once.

  4. If the delivery fails for reasons for which you are responsible, you will be liable for the reasonable costs incurred by us as a result. This does not apply to the costs of return if you effectively exercise your right of withdrawal. In the event that this right is effectively exercised, the provisions set out in our cancellation policy will apply to the costs of returning the goods.

8. Retention of title

The goods remain our property until full payment.

9. Warranty

You are entitled to the statutory warranty and defect liability rights, in particular for material defects under sections 434 et seq. BGB.

10. Liability

  1. We will be liable without limitation for damages caused by intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents.

  2. Liability for culpable injury to life, limb or health is also unlimited in all cases; this also applies to liability under the Product Liability Act.

  3. We will also be liable if we culpably violate a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the fulfillment of which you as the customer may regularly rely (essential contractual obligation). In this case, however, the liability for damages will be limited to the foreseeable, typically occurring damage.

  4. Any further liability is excluded. Insofar as our liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of our employees, representatives and vicarious agents.

11. Voluntary right of return and exchange

  1. For spherical contact lens and/or care products, we give you a voluntary right of return for a total of 30 days after receipt of the goods. The shipping costs incurred for the return must be paid by you. Please note that this extended right of return only applies if the returned products are complete, in their original packaging, unused and undamaged. In particular, the packaging must not have been written on by you, e.g. with "left" or "right" to identify the contact lenses. Seals must not be opened or damaged. If the described conditions are met, you will receive a full refund of the purchase price after we receive the return shipment. Unless otherwise agreed, repayment is made via the payment method you used for payment.

  2. Customer satisfaction is our ultimate goal. Therefore, in the event of a prescription change (new lens parameters), we offer an exchange within one year after the goods are shipped to you, with only the shipping costs to be paid by you. The exchange is only valid for the same product (e.g. Air Optix Aqua with strength -3.00 to new strength -3.50). Please note that the voluntary right of exchange only applies if the blisters (packaging of the individual lenses) are unopened and there is no change of lens type (spherical, toric, multifocal), e.g. from spherical to toric or multifocal.

  3. Your statutory rights, in particular the warranty rights and the statutory right of withdrawal, are unaffected and independent of this voluntarily granted right of return and exchange. 

12. Customer service

If you have any questions, complaints or claims, please feel free to contact our customer service. It can be reached by phone at 

Hotline 0800 18 19 305 (free of charge from a German landline) or 

by email at [email protected]

We will process your request as soon as possible.

13. Voucher redemption

  1. Vouchers which are issued by us free of charge as part of promotions with a specific period of validity and which cannot be purchased by you (hereinafter "vouchers") are only valid during the specified period and can only be redeemed once as part of one order and per household. Individual brands may be excluded from the vouchers.

  2. The value of the goods must be at least equal to the amount of the voucher. For administrative reasons, it is not possible to refund any remaining balance.

  3. Vouchers may only be redeemed before completion of the order process. They cannot be subsequently offset against the purchase price. The credit balance of a voucher is not paid out in cash and does not earn interest.

  4. Multiple vouchers cannot be combined with each other.

  5. If the credit of a voucher is insufficient for the order, the difference can be made up using the available payment options.

  6. The voucher will not be refunded if the goods are returned in whole or in part.

14. Privacy

For information about privacy and your rights, please see the Privacy Policy.

15. Special additional information when buying contact lenses and care products

When buying contact lenses, it is essential to pay attention to the following instructions:

  1. The contact lens values transmitted by your order must match the information from a fitting performed by an ophthalmologist or optometrist and must not be older than one year.

  2. Optimal use of contact lenses is achieved when the wearer is familiar with the handling and care of contact lenses and regularly attends the necessary ophthalmological check-ups to avoid damage to the eyes.

  3. Please read the package inserts for the risks and side effects of contact lenses and care products. If complications or discomfort arise from wearing contact lenses, remove the contact lenses immediately and consult an ophthalmologist or optometrist immediately. 

16. Applicable law

  1. Contracts between us and you are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.

17. Alternative dispute resolution

  1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

  2. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


Status: Nov 2022