Registered Company Name: The Eye Academy (Richmond) Limited

Registered Address: Ryehurst Barn, Ryehurst Lane, Binfield, RG42 5QZ

Registered Company Number: 04317626

INTRODUCTION

1.1 These terms and conditions shall govern the sale and purchase of products through our website.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. INTERPRETATION

2.1 In these terms and conditions:

(a) "we" means Eye Academy Ltd; and

(b) "you" means our customer or prospective customer,

and "us", "our" and "your" should be construed accordingly.

Contact Lens Subscription Service

You must be over the age of 16 and have a valid Contact Lens prescription from a qualified, registered Optometrist or Contact Lens Practitioner to purchase contact lenses through the service.

The service makes contact lenses available directly to you by means of a subscription plan. We aim to make the process efficient and easy for you, for example, delivering lenses automatically to your door, without the need for re-ordering.

Notice: WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR OPTOMETRIST OR CONTACT LENS PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN.

Your Obligations Regarding Your Contact Lens Prescription

Contact Lens Prescriptions from Eye Academy Practices

• Once we have received your order, we will check your records with your Optometrist. It is your responsibility to ensure that you enter requested information accurately, so we can quickly confirm your details and prescription on our internal systems.

• You will be reminded by your preferred Eye Academy practice when your eye examination and contact lens aftercare is due. Not having these appointments before your current prescription expires could result in your shipments being delayed.

Contact Lens Prescriptions from Other Opticians

• You must have a valid Contact Lens prescription from a qualified, registered Optometrist or Contact Lens Practitioner to purchase contact lenses through the service.

• It is your responsibility to ensure that you enter the requested information accurately. Before we ship any contact lenses to you, we are required to either review a copy of your current prescription or contact your Optometrist or Contact Lens Practitioner regarding the prescription information you provide to us.

• If you do not provide us with a copy of your prescription when you place your order, we will not ship your order until we have received confirmation of your valid prescription. Please send a copy of your valid, signed contact lens prescription to orders@eyeacademy.com

• By completing your purchase, you are consenting to us contacting your Optometrist or Contact Lens Practitioner for that purpose. Your prescription information, email address and certain other information about you are governed by our Privacy Policy located here.

• You must see an Optometrist or Contact Lens Practitioner before your Contact Lens prescription expires to ensure your service remains uninterrupted. If we do not receive an updated prescription, your shipments will be paused until we receive the information.

Subscription and Subscription Cancellation

Your subscription will replicate your initial order every 90 days unless you cancel your subscription, or your prescription expires, and new information has not been provided. You will get an automatically generated email when your next order has been shipped.

Pausing Payments and Shipments

If you are ever overstocked with contact lenses or need to delay a shipment for any reason, please email orders@eyeacademy.com for this to be arranged. You must provide 5 working days’ notice to ensure payment can be paused in time.

Cancelling your Subscription

If you wish to cancel your subscription you may do so at any time by emailing orders@eyeacademy.com

Changes to the Price of Subscription Plans

We may change our subscription plans and the price of lenses from time to time; however, any price changes or changes to your subscription will apply no earlier than 30 days following notice to you.

Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to receive lenses after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can cancel your subscription by emailing orders@eyeacademy.com prior to the price change going into effect.

Contact Lens Exchanges or Returns

It’s important to us that you are 100% happy with the service and your contact lenses. While we do not accept returns of contact lenses, please don’t let that stop you from getting in touch about any issue with your order! (Particularly if we made a mistake, which we work hard to avoid, but can happen every now and again.)

In the unlikely event that any of the contact lenses you receive are different than those you ordered, are defective (as determined by us), or are in open blister packs, we will replace those lenses at no cost to you. Please just email us at orders@eyeacademy.com and describe the problem so that we can resolve it with you as efficiently and painlessly as possible and set things right.

If you have any issues, questions, or feedback regarding your contact lenses, please reach out to us at orders@eyeacademy.com

3. ORDER PROCESS

3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3

3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: [you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgment; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order].

4. PRODUCTS

4.1 The following types of products are or may be available on our website from time to time include, but are not limited to: Sunglasses, eyewear, contact lenses, eyecare products, solutions, accessories.

4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5. PRICES

5.1 Our prices are quoted on our website.

5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6. PAYMENTS

6.1 You must, during the checkout process, pay the prices of the products you order.

6.2 Payments may be made by any of the permitted methods specified on our website from time to time.

6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 working days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of GBP 25.00 including VAT; and

(d) all our reasonable costs, losses, and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statements, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7. DELIVERIES

7.1 For our policies and procedures relating to the delivery of products, please see Delivery & Returns(LINK)

7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

8. DISTANCE CONTRACTS: CANCELLATION RIGHT

8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you receive the order. You must pay the direct cost (if any) of returning the products.

8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b) as otherwise provided in this Section 8.

8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. Please allow 5 working days for the refund to be processed. Eye Academy cannot accept any responsibility for delays once the refund has been processed.

8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;

(b) the supply of goods which are liable to deteriorate or expire rapidly;

(c) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;

(d) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or

(e) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

9. WARRANTIES AND REPRESENTATIONS

9.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

9.2 We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d) the products you buy will correspond to any description published on our website; and

(e) the products you buy will be of satisfactory quality.

9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10. LIMITATIONS AND EXCLUSIONS OF LIABILITY

10.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a) are subject to Section 10.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11. ORDER CANCELLATION

11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any breach of that contract.

11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.

11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

12. CONSEQUENCES OF ORDER CANCELLATION

12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.

13. SCOPE

13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14. VARIATION

14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

15. ASSIGNMENT

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. NO WAIVERS

16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17. SEVERABILITY

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. THIRD-PARTY RIGHTS

18.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. ENTIRE AGREEMENT

19.1 Subject to Section 10.1, these terms and conditions, together with our delivery & returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

20. LAW AND JURISDICTION

20.1 These terms and conditions shall be governed by and construed in accordance with English law.

20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

21. STATUTORY AND REGULATORY DISCLOSURES

21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2 These terms and conditions are available in the English language only.

21.3 Our VAT number is 784996056

22. OUR DETAILS

22.1 This website is owned and operated by The Eye Academy (Richmond) Ltd.

22.2 We are registered in England and Wales under registration number 04317626 and our registered office is at Suite 12 Silwood Business Centre, Silwood Park, Buckhurst Road, Ascot, Berkshire, SL5 7PW.

22.3 You can contact us:

(a) by post, using the postal address

(b) using our website contact form;

(c) by telephone, on the contact number published on our website from time to time; or

(d) by email, using the email address published on our website from time to time.