TERMS AND CONDITIONS OF USE
1. GENERAL PROVISIONS
2. INFORMATION ABOUT US
Our Site bestgaze.co.uk is a website operated by IM Jacek Młodawski (“we" or "us”, "the Store" or "the Seller"). We are registered in Poland, Tax Identification Number (NIP): PL677-217-31-17 and our registered office is ul. Samozwaniec 39, 31-711 Kraków, Poland.
3. ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to Users who have registered with us. You are responsible for making all arrangements which are necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
4. PROHIBITED USES
You must not misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities accessed through this Website. Breaching this provision would constitute a criminal offense and Bestgaze.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
5. CUSTOMER ACCOUNT
5.1 Establishment of Customer Account
While placing your first order, you have the opportunity to set up a Customer Account at bestgaze.co.uk. Beside easier ordering, it will offer you a range of additional features, such as the possibility to view your order history and details, view your credit slips, view and manage your wishlists, manage and update your addresses and personal information as well as easily reorder. Upon registration, a confirmation email will be sent to the email address you have provided. Its receipt ends the registration process. Beside providing your email address and password, you may also provide your personal information, i.e. your name and surname, address and phone number in sections My Personal Information and My Addresses in the Customer Account dashboard. We may refuse to register your account if the goal of your registration or your use of our services is evidently contraditory to the principles and objective of the Site, your activity is inconsistent with prevailing social norms, calls for violence or for commiting a crime or infringes on the rights of third parties, you upload unsolicited commercial information or your contact details raise objectively reasonable doubts as to their accuracy or veracity which cannot be solved by means of telephone contact or via email. We may also refuse to register you if we have received an official notice of the unlawful nature of the data you have provided or related activities, and if we had already notified you of our intention to prevent your access to the Customer Account. By contact details raising objectively reasonable doubts shall be understood particularly: a name of a nonexistent city/town, a name of a street not existing in a given city/town or fake recipient name (e.g. name of a fictional character). You may appeal the decision concerning the refusal of registration within up to 14 days by filing the complaint in the manner indicated in the section COMPLAINTS of the present Terms and Conditions.
5.2 Removal of Customer Account
We may delete your account if you have not ordered at the Store or you have not logged in to your account for 2 years since last activity. We may also delete your account in cases of misconduct referred to in sections PROHBITED USES and CUSTOMER ACCOUNT. Prior to the removal of your account a relevant statement will be sent to you to the address provided in your account details. You may also request the removal of your account yourself at any time by sending an email to our email address. If account removal was initiated by the Store, reregistration is possible after our consent. The removal of the Customer Account does not affect the performance of the already concluded sale contracts unless the parties agree otherwise.
6.1 Order Placement
Orders may be placed by both registered Users who possess a Customer Account and unregistered Users. In order to conclude the sale agreement, an unregistered User shall each time provide his/her name and surname, address and phone number. The registered User may use the address provided in his/her account or add a new delivery address. Both registered and unregistered Users must also each time accept the present Terms and Conditions in their most current form. By placing an order through our Site, you warrant that:
• you are using our services voluntarily
• your data contained in the registration form are true and do not infringe the rights of third parties
• you have undergone an eye test at an opticians and warrant that the lens parameters entered during the ordering process are consistent with your prescription.
Bestgaze.co.uk only sells at retail. Therefore the Customer may not purchase more than 20 pieces of the same or similar product. We also reserve the right to refuse an order placed by an enterpreneur (a User with a registered business) if the total value of the contract exceeds £200 in 30 consecutive days. Orders made through the website can be placed 24 hours a day throughout the year. Orders placed on working days after 2.00pm, on Saturdays, on Sundays and public holidays will be processed on the next working day (Monday through Friday, excluding public holidays). Placing an order through the website constitutes an offer of purchase within the meaning of the Polish Civil Code which is binding within 5 working days (after which it expires) and consists of the following actions:
• selecting goods from the ones offered at Bestgaze.co.uk
• selecting payment and delivery method
• logging on to the Customer Account when the order is being placed by a registered User, unless he/she has logged in before
• completing the obligations mentioned in the first paragraph of the present subsection when the order is being placed by an unregistered User
• proceeding through checkout.
6.2 Conclusion of Sale Contract
The sale contract is concluded through the placement of an order by the Customer and its acceptance by the Seller. In response to the placed order the Seller has 5 working days to:
• accept the order (the Customer is informed of order confrmation by email, and the sale contract is concluded upon the date of receipt of the confirmation email), or
• refuse to accept the order (especially in cases of misconduct referred to in sections PROHBITED USES and CUSTOMER ACCOUNT, whereby there is no conclusion of the sale contract), or
• propose changes (the so-called counteroffer). In such a case, for the contract to be concluded, the Customer's acceptance of the counteroffer is required. The cause of the counteroffer may be in particular such circumstances as the lack of goods in the warehouse or at the Store's suppliers etc. The counteroffer is binding for the Seller within 2 days. After this time it expires. The acceptance of the counteroffer by the User while it takes effect (within 2 days) will conclude the sale contract under the terms of the counteroffer.
While placing an order, you have an opportunity to identify and correct any errors that may occur. The Seller may at any time verify the accuracy and veracity of the data you have provided. The Seller has the right to withdraw from the sale contract within 10 working days since the day the contract was concluded in cases of misconduct mentioned in sections PROHBITED USES and CUSTOMER ACCOUNT.
All prices at the Store are given in Pound Sterling (£) and are inclusive of VAT.
7. DELIVERY AND PAYMENT
You are obliged to check if the package has signs of opening or damage at the moment of delivery in the presence of a courier or postal worker. In case of signs of opening or damage that may have occurred during transport you are obliged to draw up an appropriate protocol together with the courier or postal worker and immediately notify us at our email address or through the contact form available in our contact section. Dispatch time is the approximate time in which the order should leave the premises of our company. In case of the lack of the product at the Store or at the Store's suppliers, we are obliged to inform you of any delays by email or phone. In case of several products being ordered in one shipment, delivery time equals that of the item with longest delivery time. Dipsatch time begins on the day your payment is booked to our account if the booking takes place until 2.00pm, or on the next day if the payment is booked after this time, with the reservation regarding working time mentioned in subsection Order Placement. Payment methods available at the store are PayPal and bank transfer.
You are entitled to withdraw from the sale contract without giving reason within 10 days from the date of delivery of the product. In order to do do this, you shall send in a written statement to our email address or through the contact form available in our contact section. If you exercise the right of withdrawal, you are obliged to return the goods to the Store within 14 days at the latest. You should return the goods in such quality and quantity as received. In particular, you should return all elements received with the product: accesories, User manuals, terms and conditions and similar documents (without proof of purchase) as well as the original packaging, even if it has been removed in the ordinary course of business. The returned product should be packaged to ensure safe transport. Reimbursement of the amount you have paid will be made by transfer to the bank account you have designated within 14 days. In case of a refund to a non-UK bank account, the Store's operator makes a transfer only with the SHA option chosen, whereby the costs of the sending bank are covered by the Store, and the cost of third party banks are covered by the Customer.
Please return to the following address:
IM Jacek Młodawski
ul. Makuszyńskiego 18
The Site only collects data which are necessary for the proper provision of offered services. Your personal data may be transferred to third parties solely for the purpose and to the extent necessary for the proper performance of services pursuant to the present Terms and Conditions, in particular to postal and courier companies as well as online payment operators. Before using the services of online payment operators, it is recommended that your get acquainted with the Terms and Conditions of their websites. If you subscribe to our newsletter, we will also use your email address to keep you informed about our special offers. You may cancel your subscription at any time by following the instructions included in each newsletter. The database of User data is protected by law. They are specially secured against unauthorized access. The administrator of the personal details is the operator the online store available at bestgaze.co.uk, who processes the Users' personal information in accordance with the provisions of the Act on Personal Data Protection of the Polish Civil Code. The Store is not responsible for the authenticity of the information and data provided by the Users or information about the Users made available to other Users.
The Site will not share the information and data concerning Users with any third parties without legal basis which would order us to do so. We will also not share it in any other way than the one resulting from the Store's activities and the scope of the consent granted and statements made. Moreover, we are making every effort to ensure that this information is adequately guarded. You have the right to inspect your personal data and the right to change them, modify them and request their removal. Exercising the right to request a change, modification or removal of the data from the Site's system is possible after sending a relevant request containing your name/company name to our email address. The removal of your data from the Store is synonymous with the removal of your Customer Account. We will remove your data permanently and irrevocably, thereby ceasing to process your personal information. We reserve, however, the right to keep data such as login time and IP login address after the removal of your Customer Account for the potential needs of the police and the prosecutor's office, as well as the data necessary for the settlement of the concluded contracts until they are settled.
You have the right to make a complaint about the execution of the sale contract. A complaint should best be submitted as a legibly completed form containing your name and surname, order number, description of the product's nonconformity with the contract and the date of purchase.This will allow for an easier and more efficient processing of the complaint.The complaint will be processed within 30 days from the date of delivery. You are obliged to send the product back to the Store applying the rules of caution. It is especially important if you are returning lenses. They must be in a state allowing for expert assessment, i.e. be immersed in a solution and packaged in a manner that will protect them from mechanical damage during shipment.
Please send products to the following address:
IM Jacek Młodawski
ul. Makuszyńskiego 18
After receiving the complaint, we will forward the lenses to the manufacturer. On the basis of expert assesment performed by the manufacturer, the validity of the claim will be determined. The Customer will be informed about the outcome of the assesment by a return letter from the manufacturer.
Bestgaze.co.uk does not consider complaints if:
the Customer has committed a mistake while ordering goods (wrong lens parameters)
the Customer has not had the lenses prescribed by an optician or opthalmologist or the lenses have been prescribed wrongly
the Customer has not been undergoing regular eye tests at an opticians
the Customer has misused the lenses, especially by allowing lenses to dry through lack of use of care solution after removal from the blister pack or by getting the lenses dirty, which results in the lack of possibility to carry out expert assessment
the Customer has used the lenses longer than recommended by the manufacturer.
When the complaint is not justified due to these reasons, the returned lenses will be sent back to the Customer.
11. RIGHTS AND OBLIGATIONS OF THE PARTIES
We will endeavour to make Bestgaze.co.uk work continuously without any interruption. We reserve the right to intervene in the technical structure of the Customer Account in order to diagnose malfunctions in the Store's services. We also reserve the right to temporarily turn off certain functionalities in order to improve them, add services or carry out maintenance, with prior notice provided to registered Users.
You are obliged to immediately update the data provided upon registration in case of any changes. You are also obliged to keep your login and password secret and safe from unauthorized access. In addition, it is your obligation to abstain from unlawful and/or malicious actions as listed in sections PROHIBITED USES and CUSTOMER ACCOUNT.
12. PRODUCT DESCRIPTION
We have attempted to be as accurate as possible. However, we do not warrant that all product descriptions are complete, fully reliable, current or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
The information on this website is provided for general information, and it is not intended to provide medical advice. It should not be relied upon as a substitute for professional medical advice, diagnosis or treatment. All medical questions you may have about your medical condition, treatment or diagnosis must be presented to your eye doctor. You must never disregard medical advice or delay seeking professional advice because of any information contained in or related to this Site. Except as expressly and unambiguously stated otherwise, Bestgaze.co.uk does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information or service on this site.
14. FINAL PROVISIONS
In matters not regulated by the present Terms and Conditions relevant provisions of the Polish law apply. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Poland and irrevocably agree that all claims may be heard in such courts. In the event of a dispute arising in connection with the performance of the contract concluded on the basis of the Terms, the User and the Seller undertake to settle it in an amicable way, acting in good faith. In case of the impossibility to reach an agreement in such a manner, the exact court of competent jurisdiction to resolve the dispute is the court having jurisdiction over the Company's seat. The previous sentence shall not apply to disputes involving the Customer.
We reserve the right to change the Terms. Changes to the Terms come into effect on the expiry of the notice period lasting 14 days. For orders placed prior to the entry into effect of the changes to the Terms, the provisions of the Terms in effect at the time of order placement apply.
Thank you for visiting our Store.