Terms & Conditions
TERMS OF DELIVERY, REFUND AND REFUSAL OF PRODUCTS AND SERVICES
Last updates: 23.05.2022.
This website (“Online shop”) is owned and operated by Nutikas Vision OÜ (14870609) registered in Harju maakond, Tallinn, Kesklinna linnaosa, Maakri 19/2, 10145 (Estonia) (“our, us” and “Seller”).
If you do not agree to our Terms you are not permitted to access or use Online shop.
We recommend that you print or save these Terms. An up-to-date version of these Terms is always available in our Online shop.
These Terms consist of the following Clauses:
Prices of Products and services
Sales contract conclusion and order processing
Trying Products on
Refusal rights, refund and exchange
Complaints and guarantee
Packaging rules in case of return
Governing law and dispute resolution
Intellectual property rights
Revision of terms
Customer support service and contact
1.1. The use of Online shop and registering (creating an account) is free of charge.
1.3. You can register an account using your e-mail and password or using social networking platform, such as Facebook or Google.
1.4. You shall not assign, disclose or otherwise transfer your account to any third party. You must ensure safe storage of login information and immediately notify us in case you have any reason to suspect that your log in information has been lost, stolen or otherwise used or can be used by inappropriate third parties. All actions that are accomplished using Customer’s identification codes will be considered as Customer’s actions, and Customer is liable for any results of such activities conducted through his account.
1.5. As soon as we suspect that any conditions of the Terms have been violated, we keep the right to cancel or suspend your account for the duration of the investigation.
1.6. The access to the Online shop and use of it, including viewing the pages, communication with us, downloading product information and making purchases in the Online shop shall be carried out by users exclusively for personal purposes which should in no way be connected to any trade, business or professional activity.
1.7. We reserve the right to change and modify the Terms at any time and you are responsible for checking the Terms regularly. You can find the date when last amendments were put in place in the beginning of these Terms. You may reject the change and terminate the Agreement by withdrawing your registration in Online shop immediately and by not using and accessing the Online shop. In that case prior consent to any earlier versions of Terms will remain in effect and enforceable as to any dispute between you and us. By continuing to access or use Online shop and its services, you agree to be bound by the revised Agreement.
2. PRICES OF PRODUCTS AND SERVICES
2.1. Price of Product is indicated on the product page and include the value added tax applicable in the Republic of Estonia at the time of the purchase.
2.2. Delivery price depends on the delivery method, that is chosen by the Customer during checkout, and is added to the price of purchase. Delivery method is chosen and its price is calculated in the shopping cart tab.
2.3. Selection, prices and discounts of Products in Online shop may differ from selection, prices and discounts of Products in regular Sellers’s retail shops.
2.4. Online shop can change prices of Products in Online shop at any time.
3. SALES CONTRACT CONCLUSION AND ORDER PROCESSING
3.1. Sales contract between you and the Seller is concluded, when Customer processes shopping cart, indicates address, chooses payment method, examines these Terms and presses button ‘Order’. Contract is in force while all of its responsibilities are fully accomplished. If Customer does not agree with the Terms fully or partially, he is prohibited to order any Product.
3.2. By purchasing prescription eyewear in our online shop, customer consents to the following:
- You are over 18 years old and are not registered blind or partially sighted
- A suitably qualified person provided you with a valid written prescription for your glasses within the last 12 months;
- You entered all prescription details correctly;
- When requested you will supply your current prescription.
3.3. After choosing Product Customer adds his selection to the shopping cart by pressing ‘Add to cart’.
3.4. It is possible to change the quantity of Products and to remove Product from the cart before the payment.
3.5. To place the order, requested information has to be provided, payment method has to be chosen and button ‘Checkout’ has to be pressed.
3.6. Order is considered processed when ‘Checkout’ is processed, payment is received by the Seller and the Customer will be notified upon receipt of the order confirmation at the e-mail address provided.
3.7. If ordered Product are not available, Seller will cancel order. Order can be cancelled fully or partially. Customer will be immediately informed about cancelling and shall decide to keep or to cancel the rest of his order.
3.8. In the event of full or partial cancellation of an order, the Seller shall refund to the Customer the amount of money corresponding to the purchase price of the canceled Product.
4.1. Customer makes prepayment in an amount of 100% of the value of Products purchased in Online shop.
4.2. Order can be paid by payment card or payment systems available in Online shop.
4.3. Payments are made with the payment methods provided by third parties - our partners, which guarantee safe and reliable transfers. Seller does not get information about Customer’s bank or credit card.
4.4. When order is confirmed and fully paid, Customer receives a confirmation e-mail with a consignment note.
5. TRYING PRODUCTS ON
5.1. Customer has the opportunity within 7 days to try the products of following categories: spectacle frames and sunglasses.
5.2. When Customer uses Product try-on option, prepayment in the amount of 15% (fifteen percent) of the value of Product shall be made.
5.3. Within 10 (ten) days of the expiration of the try-on period of the Product set forth in Clause 5.1 of these Terms, Customer has to return the Product to the Seller in the same state and in undamaged original packaging as it was received. Product must not have any flaws or damages that decrease the value of the Product or make further use of the product impossible.
5.4. Seller refunds the amount determined in paragraph 5.2. of these Terms to the Customer within 14 (fourteen) days, if the Customer has returned the Product in a state outlined in the paragraph 5.3. of these Terms.
5.5. If the try-on period ends and any of the frames have not been placed in the mail, or the frames are returned damaged and it is not as explained in paragraph 5.3. Seller may charge your credit card or issue an invoice (which will be sent to customers registered e-mail) for the full amount of each pair of frames that are missing or damaged.
5.6. In the case where the Customer fails to make full payment in 10 (ten days) for the situation explained in paragraph 5.5. Seller will be entitled to authorise a debt collection company to carry out the collection actions or assign its right of claim to the debt collection company for a collection of the Customer’s debt.
6.1. Online shop delivers products to Estonia.
6.2. Products are delivered to the Customer free of charge.
6.3. Seller will arrange the order and give to a postal service provider in 3-5 working days after order’s confirmation. Delivery time depends on the chosen shipping method.
7. ADDITIONAL WARRANTY
7.1. When placing an order for glasses, the Buyer has the opportunity to purchase an additional warranty for glasses ("Additional warranty"). The Additional warranty can only be purchased together with the purchase of glasses.
7.2. The Additional warranty can be used at any of the Merchant's retail stores listed on the Merchant's website www.smartvision.ee.
7.3. The Additional warranty can be received only in cases when the Buyer has completely or partially damaged the glasses due to his unintentional actions.
7.4. The Additional warranty covers damages of the frame and lens and includes:
- Free eye check;
- Free repair of optical glasses if the repair can be done and if it is not covered by the manufacturer's warranty;
- -70% on new lenses from basic price if prescription hasn't changed;
- -70% on new frame from basic price if the previous frame can't be repaired;
- Free manufacturing of glasses.
7.5. The Additional warranty does not include cases where:
- Glasses have been stolen or lost;
- Glasses have not been cared for and / or used in accordance with the instructions for use of the glasses or have been used with inappropriate accessories;
- Glasses have been serviced and / or repaired by service providers other than an authorised Smart Vision service center.
7.6. The price of the Additional warranty is 10% of the purchase price of the glasses after discounts.
7.7. The Seller chooses the spectacle service method (s) and options at his / her own discretion, based on the most suitable solution and the corresponding resources. The production of new glasses is applied only in cases when it is not possible to repair the glasses. Non-original parts can be used to repair the glasses if the manufacturer's parts are not available. If the glasses cannot be repaired and / or if the repair costs exceed the original purchase price of the glasses and / or if the repair parts are no longer available due to the age of the product or the discontinuation of the glasses manufacturer, we offer the Buyer's different frames and lenses of the same quality and value. In our sole discretion, we may require the Buyer to return damaged glasses to the designated location.
7.8. The Additional warranty execution time may vary depending on the glasses manufacturer and the complexity of the reported damage. We will endeavour to provide spectacle service within a reasonable time by informing in advance of the approximate Insurance time. The repair time can be extended in coordination with the Buyer.
7.9. The Additional warranty is valid for 1 (One) year.
7.10. In order to receive the Additional warranty, it is necessary to present the order number of the glasses.
7.11. The Additional warranty is not transferable to other persons and is applicable only to the order, which the Buyer has paid together with the payment for the Additional warranty.
8. REFUSAL RIGHTS, REFUNDS AND EXCHANGE
8.1. Seller is responsible for the inconsistency and defects of the Product within 2 years after delivery to the Customer.
8.2. The right of withdrawal in relation to the Insurance may be exercised only in conjunction with the withdrawal from the Product with which the Insurance was purchased.
8.3. If Product is inconsistent or broken, firstly the Customer is entitled to request the Seller to rectify free of charge the non-conformity of the Product with the provisions of the contract or to exchange, free of charge, the Product for one that ensures compliance with the provisions of the contract, except where this is impracticable or disproportionate. Customer has a right to request a discount or reject the deal and get a full refund, if:
8.3.1. Seller is unable to repair or exchange product,
8.3.1. Product’s repair or exchange was unsuccessful,
8.3.3. Seller is unable to repair defects in a reasonable time frame.
8.4. In case of returning an inappropriate Product, the Customer will get refunded the full amount paid for the Product including the delivery fees, if such would occur, by a transfer to the bank account chosen by the Customer within 30 days after the return of the Product, if all the following conditions have been met:
8.4.1. The Seller has received and agreed to the Customer’s application for non-conformity of the Product;
8.4.2. The Customer has returned the Product, and its original packaging and the state of the returned Product conforms with the requirements outlined in paragraph 7.5. of these Terms;
8.4.3. There are no conflicts among both sides.
8.5. The Seller has the right to put the refund on hold until the moment the Customer returns the Product and its original packaging or submits evidence that the return to the Seller has been done.
8.6. Within the first month of delivery of the Products to the Customer, the Seller shall pay for the costs of repairing or replacing the Products. During the subsequent warranty period, the Seller will pay the relevant costs only if the claim is justified. In case of inconsistency or breakage of Product, Seller will not cover any expenses and take responsibilities for those disadvantages, if:
8.6.1. Product’s condition degraded / Product was broken because of the Customer;
8.6.2. Defects appeared because of improper use of the Product, including poor care of the Product;
8.6.3. Product’s condition changed during normal use of it;
8.6.4. Copy of the document that confirms purchase was not submitted.
8.7. Instructions for use of Product are added to every Product. Defects that appeared because of violation of these instructions, are not considered a guarantee case.
8.8. If there is Product breakage or severe damage that appeared because of the negligence of the Customer or poor care, refund and/or free repair are not possible even before the guarantee time period is not over.
8.9. Product’s use and tear process is not a guarantee case. Environmental factors may cause a decrease of a frame’s brightness and scratches on the lenses, which are not considered as manufacturing defects.
8.10. In frameless and string konstructions of glasses lenses in most cases are the part of support, that is why Customer has to be especially careful with this type of glasses. Breakages or fractures of lenses because of the negligence of the Customer are not considered as guarantee cases.
9. COMPLAINTS AND GUARANTEE
9.1. Seller is responsible for the inconsistency and defects of the Product within 2 years after delivery to the Customer.
9.2. If Customer notices a product's inconsistency or defects, he must inform Seller about it immediately but no longer than within 2 months and send the relevant information by e-mail to [email protected] or via post services to Maakri 19/2, Tallinn 10145.
9.3. If Product is inconsistent or broken, firstly the Customer is entitled to request the Seller to rectify free of charge the non-conformity of the Product with the provisions of the contract or to exchange, free of charge, the Product for one that ensures compliance with the provisions of the contract, except where this is impracticable or disproportionate. Customer has a right to request a discount or reject the deal and get a full refund, if:
9.3.1. Seller is unable to repair or exchange product,
9.3.1. Product’s repair or exchange was unsuccessful,
9.3.3. Seller is unable to repair defect in a reasonable time frame.
9.4. In case of returning an inappropriate Product, the Customer will get refunded the full amount paid for the Product including the delivery fees, if such would occur, by a transfer to the bank account chosen by the Customer within 30 days after the return of the Product, if all the following conditions have been met:
9.4.1. The Seller has received and agreed to the Customer’s application for non-conformity of the Product;
9.4.2. The Customer has returned the Product, and its original packaging and the state of the returned Product conforms with the requirements outlined in paragraph 7.5. of these Terms;
9.4.3. There are no conflicts among both sides.
9.5. The Seller has the right to put the refund on hold until the moment the Customer returns the Product and its original packaging or submits evidence that the return to the Seller has been done.
9.6. Within the first month of delivery of the Products to the Customer, the Seller shall pay for the costs of repairing or replacing the Products. During the subsequent warranty period, the Seller will pay the relevant costs only if the claim is justified. In case of inconsistency or breakage of Product, Seller will not cover any expenses and take responsibilities for those disadvantages, if:
9.6.1. Product’s condition degraded / Product was broken because of the Customer;
9.6.2. Defects appeared because of improper use of the Product, including poor care of the Product;
9.6.3. Product’s condition changed during normal use of it;
9.6.4. Copy of the document that confirms purchase was not submitted.
9.7. Instructions for use of Product are added to every Product. Defects that appeared because of violation of these instructions, are not considered a guarantee case.
9.8. If there is Product breakage or severe damage that appeared because of the negligence of the Customer or poor care, refund and free repair are not possible even before the guarantee time period is not over.
9.9. Product’s use and tear process is not a guarantee case. Environmental factors may cause decrease of a frame’s brightness and scratches on the lenses, which are not considered as manufacturing defect.
9.10. In frameless and string konstructions of glasses lenses in most cases are the part of support, that is why Customer has to be especially careful with this type of glasses. Breakages or fractures of lenses because of the negligence of the Customer are not considered as guarantee cases.
10. RULES FOR PACKAGING OF THE PRODUCT IN CASE OF ITS RETURN
10.1. The Product must be packed in the packaging in which the Merchant has delivered the Product. The Buyer is obliged to fill in the product return sticker, which the Merchant has sent at the same time as the delivery of the Product, and to add it to the packaging.
10.2. Return of the Product can be done using the postal or delivery service provider, or by personally delivering the Product in the Merchant's store Maakri 19/2, Tallinn 10145.
10.3. The Buyer is obliged to ensure the packaging of the Product in such a way as to ensure complete and safe transportation of the Product as a fragile and fragile object in such a way that the condition of the Product does not deteriorate and the properties and value of the Product do not decrease. Among other things, the Buyer is obliged to inform the postal or delivery service provider about the requirements for transportation of such Goods.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. Without prejudice to the application of the mandatory consumer protection provisions, these Terms are governed by Estonian law.
11.2. In the event of a dispute between User and Online shop which arise because of any provisions of the Agreement or because of a product’s defects, User has rights to lodge a complaint to Online shop. Complaint must be in any written form (or e-mail) and must contain User’s name, contact information, the date of complaint, description of the product's defect and requested solution. We will answer in any written format, including e-mail, within 15 days.
11.3. If User and Online shop are unable to resolve the conflict, User has the right to submit a complaint to the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet).
11.4. If the parties do not agree with the resolution of the Consumer Protection and Technical Regulatory Authority, parties have a right to submit a claim to the State Court of the Republic of Estonia where the dispute shall be resolved in accordance with Estonian Law.
11.5. Please note that the European Commission provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.
11.6. In the event of failure of performance or improper performance of the obligation, the Customer agrees that his personal data will be transferred to a debt collection company for processing, collection of debt and for possible data entry into public databases.
12. INTELLECTUAL PROPERTY
12.1. The Online shop contents, including but not limited to images, videos, logos, menus, web pages, graphics, colours, tools, design, methods, functions and any software which helps the Online shop to conduct its activity is protected by copyright and by all other our intellectual property rights and the relevant rights holders. The reproduction of content, wholly or in part, and in any form whatsoever, is prohibited.
12.2. Users are only authorised to view the Online shop and its contents. The users are authorised to carry out temporary acts of reproduction, only for the personal use, which are provisional or incidental and an essential part of viewing the Online shop and its content. Please note that any author of works published on Online shop is entitled to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honour or reputation.
12.3. All of the trade marks which distinguish Product posted sold in Online shop are registered trademarks of the respective owners and are used in Online shop for describing and advertising the Product. We and all other registered trademark owners are entitled to the exclusive use of the trademarks we respectively own. Any unlawful or unauthorised use of such trademarks is prohibited and entails serious legal consequences.
12.4. Please contact us at the following e-mail address if you are interested in linking to the publicly accessible web pages of Online shop content: [email protected].
13. REVISION TERMS
13.1. Seller reserves the right to revise and amend these Terms at any time, particularly as a result of changes in applicable laws and regulations. If, in our opinion, a change to the Terms is material, the Seller will notify the User about such changes one (1) calendar month prior to the changes coming into effect. Other changes are always available in Online shop and you are responsible for regularly reviewing these Terms. If you do not agree to the revised Terms, you may terminate this Agreement and delete your account by sending a notice to the Seller one (1) calendar month prior to the termination of Agreement. In this case, your acceptance of earlier versions of the Terms will remain in effect and will apply to any dispute between you and us. By continuing to access the Online shop after revised Terms enter into force, you agree to be bound by the new version of the Terms.
13.2. Notwithstanding the foregoing, changes to these Terms which (1) are more favorable to the User; (2) required by law; or (3) involve the addition of a new service; or (4) do not diminish User's rights or increase User's liability - effective immediately if specified in the notice of change.
14. CUSTOMER SUPPORT SERVICE AND CONTACTS
Nutikas Vision OÜ
Address: Harju maakond, Tallinn, Kesklinna linnaosa, Maakri 19/2, 10145
Tel: +372 5130636
E-mail: [email protected]