Saturday, April 10, 2010

D.Mulvey Opticians Ltd Terms and Conditions

Terms and Conditions for the provision of Eye Examinations and the supply and fitting of Spectacles and other optical devices by, for and on behalf of D.Mulvey Opticians Ltd.

1. These terms and conditions cover the way D.Mulvey Opticians Ltd. conduct our business with all parties who wish to do business with us. They also cover the use of our website.

• "Conditions" means these terms and conditions
• "Online Sales" means sales of Goods and Services conducted through the D.Mulvey Opticians Ltd. Website
• "Goods" means goods displayed for sale by us and on our website
• "Services" means professional services provided by us and displayed for sale on the Website
• "Users" means the clients, customers and patients of D.Mulvey Opticians Ltd. and users of the Website collectively
• "User Information" means the details provided by you on any application to buy Goods or Services from us or via the Website
• "We/us/our" means D.Mulvey Opticians Limited
• "Website" means the website located at or or any subsequent URL which may replace it
• "You/your" means a user of the Website or a client, patient or customer of the practice.

ACCOUNT means the account kept by us in your name on which transactions are carried out.

ACCOUNT TERMS AND CONDITIONS means the terms and conditions that govern the account.

AGREEMENT means the agreement concluded between us and you for the opening of an account and includes the account terms and conditions. These conditions, the registration details and data gathered, together with any lists of fees and charges, schedules, and all other documents that are incorporated into these conditions and any amendments thereto become part of our agreement with you.

BUSINESS DAY means any day (other than Sundays or Public Holidays) on which we are normally open for business in the Republic of Ireland and where in relation to execution timeframes, a day on which our suppliers and couriers are also open for business.

EYE TEST, EYE EXAMINATION, REFRACTION, EXAMINATION, EYE CHECK, VISUAL CHECKUP all mean the optometric examination conducted by us as a normal part of our service.

VDU EXAMINATION and COMPUTER TEST both mean a test to determine the suitability of the person's vision for the operation of computer display equipment.

COLOUR VISION TEST means a test carried out by us to determine the degree of the person's colour vision and their ability to discriminate colours under normal lighting conditions.

SPECTACLES means any device normally provided to restore the visual acuity of a person where it has been impaired by a refractive error or to restore the muscle balance of the eyes when operating binocularly or both.

DISTANCE SPECTACLES means spectacles designed to correct distance vision (for general use, driving, television etc.)

READING SPECTACLES means spectacles designed to correct near vision for reading and other close work functions.

INTERMEDIATE SPRCTACLES means spectacles designed to correct vision for intermediate distances such as reading sheet music or using computer screens.

BIFOCAL SPECTACLES means spectacles that have two distinct functions in the same pair, one part for distance vision and the other for near vision.

COMPUFOCALS (TM) means bifocal spectacles designed for the two functions of intermediate vision and near vision (for use with computer screens)

VARIFOCALS means spectacles that have a continuous band of increasing power from the distance centre to the reading centre and are used for distance and near vision together with all the distances in between.

PRESCRIPTION SUNGLASSES are spectacles with distance near or intermediate corrections that have been tinted to cut down on the visible spectrum, reducing glare, and that have been coated to eliminate the transmission of ultra-violet light through the lenses, thus protecting the eyes from catataract.

TRANSITIONS, PHOTOCHROMATIC LENSES are those lenses designed to react to sunlight and darken in bright light, clraring when the light fades or the lenses are indoors.

SPECTACLE FRAMES means the frame, either metal, plastics or a combination of both or any material that may be employed in the future that are used to mount the spectacle lenses.
2. Agreement
By engaging us to provide professional services or to supply goods or by using the Website you agree to be bound by these Terms. We endeavour to offer you the best possible service but cannot guarantee that the Services will be fault free. If a fault occurs, please report it to our Customer Services team on 0868532931 or by email at or by post to D.Mulvey Opticians Ltd., 13 Upper Baggot Street, Second Floor, Dublin 4. Occasionally we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the on line Services. In these circumstances, we will endeavour to restore the Services to you as soon as possible.
The submission by you of a contact lens application form constitutes an offer by you to purchase contact lenses for the value specified in the application form at the price set out therein and authorises us to debit your debit or credit card with that amount plus any delivery charges that may be applicable.
3. Amendments
We reserve the right to:
• update these Terms from time to time and any changes will be notified to you via a suitable announcement. It is your responsibility to check for such changes. The changes will apply after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use our services or the Website. If you continue to use our services or the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and Conditions.

• modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

4. Registration
You warrant that:
• the personal information which you are required to provide when you register is true, accurate, current and complete in all respects
• the products purchased on this site are for private and domestic use and are not for re-sale
• you are not impersonating any other person or entity
• you will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:e-mail address: Telephone Number: 0868532931
5. Privacy Policy
We will treat all your personal information:
• as confidential and will only disclose the same in the circumstances set out below; and
• in accordance with Data Protection legislation from time to time.
When you consult us or shop on our Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Protection Commissioner's office. We will use your personal information for the following purposes:
• processing your orders;
• to administer our website
• for statistical purposes to improve our website and its services to you
• if you have not objected during the registration process, to notify you of products or special offers that may be of interest to you.

Our website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the website:
• any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
• any material which is defamatory, offensive or of an obscene character.

7. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately and on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our services and goods whether in person or by means of our website or any other person accessing the website using your personal information.

8. Third Party Links
As a convenience to our customers, our website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

9. Orders
a. To be eligible to purchase goods from us either in person or on our website and lawfully enter into and form contracts on this Website under the laws of the Republic of Ireland you must:
• if an individual, be 18 years of age or over; and
• stipulate a delivery address within the European Union and
• register your real name, address, phone number, e-mail address any other details requested and
• By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
b. All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) despatch the goods to you, whichever is the earlier. You agree that we will not be responsible for failing to deliver Goods to you if you have supplied us with an incorrect address.
c. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
d. Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
e. Delivery of your order will be made to the address on your order as soon as possible. However we cannot guarantee a delivery time or a delivery date.

10. Products
a. We undertake to supply you with the exact type and brand of contact lens prescribed by your optician in the contact lens prescription 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 by is accurate and correct for your current eye condition.
b. 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. If you wish to have your contact lenses or spectacles supplied by D.Mulvey Opticians Limited to a specification issued elsewhere you should understand and you agree and acknowledge that:
• i. we rely on the details supplied by you and the contact lens or spectacle specification provided by your optician to supply you with contact lenses or spectacles
• ii. your contact lens or spectacle prescription must have been issued within 12 months prior to placing your order with us.
• iii. you have not been advised to stop wearing contact lenses or spectacles by an eye care or medical practitioner and have not, within the last 12 months suffered from any eye condition requiring treatment.
• v. we can accept no responsibility for your lack of suitability to wear contact lenses as detailed in the prescription, or for your overall suitability to wear contact lenses.
• vi. if we are not satisfied with your ocular health or consider that the replacement contact lenses requested according to the specification provided to us are not clinically suitable, we retain the right not to supply those products to you.
c. You acknowledge that you understand that you should not attempt to wear any lens where the lens prescription does not match your current lens prescription 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.
d. Given the importance of ensuring you undertake regular eye examinations and contact lens checks to ensure you receive effective eyecare, it is a condition of your agreement with us that you have a contact lens check at least once in any period of twelve months or more frequently, if recommended by your optician.
f. D.Mulvey Opticians Ltd. is intended only to operate within the Republic of Ireland. We make no representation that any product or service referred to is appropriate for use, or available, outside of the Republic of Ireland or that any product complies with any laws other than the laws of the Republic of Ireland.
11. Returns
If for any reason you wish to return the spectacles or lenses we will give you a full refund if returned unopened and in the original packaging. We undertake to replace any defective contact lenses free of charge - simply return the contact lenses to us. Except to the extent that our liability cannot be limited by law, our liability shall be limited to replacing such returned goods in accordance with this paragraph. We will make a refund if we supplied the goods in a damaged condition, if they are not to the agreed specification, or if they do not arrive within 14 days of our dispatch date. We reserve the right to refuse to accept future orders from those who make unsubstantiated claims for non-delivery of goods. We will issue a refund for goods only -not professional services if the goods are returned within 7 days from the delivery date, undamaged and in the original packaging provided. In all cases, you should contact us to request a returns reference. A refund will then issue within 39 days of that date.

12. Prices and Payment
• a. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
• b. Payment can be made by cash or cheque
• c. Due to the high cost of materials involved in dispensing, noorders will be accepted until a minimum of 50% of the final cost has been paid to us.
• d. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
13. Intellectual Property
• a. The content of the website and any material published by us in any form is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the website or other publication belong to us and our agents and shall remain with us or our licensors.
• b. You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website.

14. Limitation on Liability
a. Notwithstanding any other provision in the Terms, nothing in these Terms:
• will affect or limit your rights as a consumer under the laws of the Republic of Ireland or
• will exclude or limit our liability for death or personal injury resulting from our negligence.
b. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website and any information provided to by you. You must bear the risk associated with the use of the Internet.
c. Whilst we will try to ensure that material included on the website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
• incompatibility of the website with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the website
• unsuitability, unreliability or inaccuracy of the website
• inadequacy of the website to meet your requirements
d. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the website or the provision of goods and services by us.
e. We will not be liable to you for any delay or failure to fulfil On-Line Sales or saleas in person which you make using the Service, where such delay or failure is due to circumstances beyond our control or the control of our sub-contractors and agents, including but not restricted to electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
f. The use of the website does not constitute a licence for you to use trademarks, designs and/or logos of us and our agents, including but not limited to D.Mulvey Opticians Limited.

15. Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with the laws of the Republic of Ireland and the courts of the Republic of Ireland shall have exclusive jurisdiction to hear and determine any dispute that may arise in connection therewith.
16. General
a. None of these terms and conditions shall be deemed waived and no breach or default excused by us unless that waiver or excuse is authorised in writing.
b. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
17. Company Details
The website is operated on behalf of D.Mulvey Opticians by D. Mulvey Opticians Ltd
Registered office : 13 Upper Baggot Street, Second Floor, Dublin 4
Company Number:
VAT Number:

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