Terms and Conditions Pure Vue

 

1. General

  1. Pure Vue offers products (such as sunglasses, prescription lenses, contact lenses, eye care products and gift cards) and services, together the “Products”. 
  2. These Terms and Conditions (including any documents referenced herein and any other special terms and conditions confirmed by us in writing, together the “T&C’s”) apply to all offers of Pure Vue E-com B.V. and any of its affiliates (together “Pure Vue”, “we” or"us") and any agreements concluded between Pure Vue and you, whether online through the website www.Contact@pure-vue.com (or any other website we operate, together the “Website"), in stores or via other (online) sales channels). 
  3. Please read these T&C’s carefully before using our Website and/or placing an order for any Products on the Website. By placing an order for or by using our Products, you automatically agree to and are bound by these T&C’s.  If you have any questions, please contact the Customer Service Team before placing an order. Print or save the T&C’s for your reference. If you do not agree with the T&C’s, please discontinue the use of our Products and/or Website. 

2. Orders

  1. In case your order concerns a purchase, the following is applicable. Once we have confirmed your card authorization for your order and confirmed your order in writing (including by email), an agreement between us is concluded. If you do not receive a confirmation within 24hrs of placing your order, please contact our Customer Service Team. Pure Vue is not obliged to accept any orders.
  2. If the Products are no longer available, even after the order has been confirmed, we will let you know. You may then order another Product from our Website or, if you wish, cancel the order. Any payment made will be refunded (see Section 3, Pricing and Payment). 
  3. Spectacles - By placing an order for spectacles you confirm that:
    1. the data provided by you are complete and correct;
    2. you are aged 16 or over, legally qualified to place an order and are not registered blind or partially sighted;
    3. you have a written prescription for your spectacles that has been given to you by a professional and suitably qualified person in the last twenty-four (24) months or twelve (12) months if you are aged 70 or over); and
    4. you will comply with all instructions provided by your optometrist and Pure Vue;
    5. upon request, you will supply accurate details of your current prescription (including any notes on the prescription).
  4. Contact lenses - By placing an order for contact lenses you confirm that:
    1. the data provided by you are complete and correct;
    2. you are aged 16 or over, legally qualified to place an order and are not registered blind or partially sighted;
    3. you have a written prescription for your contact lenses that has been given to you by a professional and suitably qualified person or contact lens fitter (“Practitioner") in the last twelve (12) months;
    4. you will comply with all instructions provided by your optometrist and Pure Vue;
    5. upon request, you will supply accurate details of your current prescription (including any notes on the prescription).
    6. where you have been given a contraindication to wear contact lenses by a registered Practitioner, Pure Vue reserves the right to revoke any sale, unless otherwise redirected by the same or another registered Practitioner;
    7. you have no ailments that contraindicate the wear of contact lenses; and
    8. you have been prescribed the contact lenses you have ordered by a qualified Practitioner.
  5. In case your order concurs a purchase for a trial pack for contact lenses, the following will apply:
    1. You will visit a registered optician to oversee the fitting of your trial lenses;
    2. You will receive a reimbursement code of EUR 8 or GBP equivalent, - for spheric lenses and EUR 10 or GBP equivalent,- for toric lenses after placing your trial pack order (“Code”)
    3. The Code will be sent in your order confirmation email
    4. The Code is issued once, only with your first order of a contact lenses trial pack
    5. Codes will not be sent for additional orders of contact lenses trial packs
    6. With every order, we will monitor if you have previously received a Code. If we notice misuse, we have the right to disable the Code
    7. The Code can be redeemed online and in-store on any purchase of Pure Vue Products.
    8. Codes will be valid for one (1) year after issuance
  6. You are responsible for the prescription if you order a Product on the basis of a prescription provided by a third party. Pure Vue does not take responsibility if you order a Product that has not been prescribed for you and/or if the difference between the prescription and purchase date exceeds 12 (twelve) months.Any costs/damages incurred as a result of an incorrect (third party) prescription or of incorrectly providing the details of a prescription to Pure Veu are for your account. In such an event, purchase price of the Product will not be reimbursed.
  7. Pure Vue strongly recommends you to have your eyes checked regularly by a qualified Practitioner to ensure the welfare and continuity of your eye health.

3. Pricing and Payment

  1. All prices shown in the Website are in EUR and inclusive of 21% VAT. For purchases made in the United Kingdom, a lowered VAT rate of 5,26% may apply.
  2. Payment shall be made upon placing your order. All credit card and debit card holders are subject to validity checks and authorization by the card issuer. If the issuer refuses to authorize payment, Pure Vue may reject your order.
  3. We offer free delivery and/or returns on all purchases over EUR 36 to the countries listed here.
  4. Should you be late in making any payment to Pure Vue, you will incur statutory interest as of the payment due date stated in the first reminder.In addition, Pure Vue may charge you reasonable fees incurred in trying to obtain payment from you.

4. Bundle Offer

  1. A bundle offer discount of 40% applies to all frames other then the most expensive frame if a customer’s order complies with the following conditions:
    1. purchase a minimum of two (2) frames;
    2. in one (1) single order which are meant for the customers’ own usage; 
    3. with identical prescription lenses and/or sunnies with no prescription; and
    4. subject to the same fulfilment method; (together the “Bundle Offer”)
  2. The Bundle Offer will be applied to all frames in the order, except for the most expensive frame (which is being determined by the price of the frame including the lenses).
  3. The Bundle Offer discount percentage is fixed at 40% and is subject to change at Pure Vue sole discretion.
  4. The Bundle Offer is available for both online and in-store purchases.
  5. The Bundle Offer is non-transferable, has no cash value, and cannot be redeemed for cash.
  6. The Bundle Offer cannot be combined with any other ongoing promotions and discounts, unless explicitly stated by Pure Vue.
  7. The Bundle Offer does not apply to the purchase of additional services (such as Same Day Service), accessoires, sportswear, kids frames, lens- and frame only orders, giftcards and/or clip-ons. 
  8. In case of an exchange or return, the customer retains the right to the Bundle Offer only if, after the exchange or return, the order still meets the requirements as listed under clause 1 above.
  9. In case of an exchange or return of one (1) or more items purchased under a Bundle Offer, a customer will be refunded the amount paid for the relevant product under the Bundle Offer after offsetting against the new total costs for all products under the Bundle Offer following the exchange or refund.
  10. The Bundle Offer is applicable as of [28 August 2023] on all orders which comply with the requirements stated under clause 1 above
  11. The Bundle Offer is subject to availability and Pure Vue reserves the right to modify or discontinue the Bundle Offer at any time without prior notice.
  12. In case of (suspected) abuse or fraud, Pure Vue reserves the right to refuse participation in the Bundle Offer.

For any queries or clarifications regarding the Bundle Offer , customers may contact Pure Vue’s customer support.

5. Retention of title

  1. Pure Vue remains owner of the Products until you have made the required payment in full. After delivery but before payment has been made in full, you are responsible to keep the Products safe and undamaged. 
  2. If you have not made the payment timely and/or in full, Pure Vue may at any time reclaim and collect the Products, to which you will provide all cooperation. 
  3. If Pure Vue reclaims the Products under this clause, the agreement is rescinded. This does not limit Pure Vue right to claim damage and interests.
  4. If you have paid the Products prior to their delivery, Pure Vue holds the Products for you until delivery.

6. Delivery and defects

  1. The place of delivery is deemed to be the shipping/delivery address that you provide in your order. The Products are considered delivered when accepted by or on behalf of you at the delivery address. If you fail to accept the Products after two (2) delivery attempts, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you, re-arrange delivery or collection, Pure Vue may terminate the agreement.
  2. For Products that you pick-up in an Pure Vue store, the Products are considered delivered when picked-up by you at the store.
  3. We aim to deliver the Products within 8-10 working days after acceptance of the order as per clause 3.2. Delivery times are estimates and cannot be guaranteed.
  4. We have a legal duty to provide Products in conformance with the agreement. You should inspect the Products for defects as soon as possible after delivery and inform us of any defects to the Products preferably within seven (7) days, so we can make a claim against the carrier, if needed, but in any case within thirty (30) days. Defect Products can be returned as described in Section 6 (Cancellation and Return Policy).

7. Cancellation and Return Policy

  1. You may cancel your order before delivery in writing. To do this, you can email us at Contact@pure-vue.com. Any payment already made by you will be refunded as set out below.
  2. You may also return the Products ordered within sixty (60) days after delivery, regardless of the reason. During this period, you will handle the Product, its packaging and accompanying materials with great care. You will only unpack the Product insofar as necessary to determine if you want to keep the Product. With regards to contact lenses, only contact lens products which are unopened and of which the seal has not been affected can be returned.
  3. If you wish to return a Product, it should be in its original packaging and with all accompanying materials included. Also, the Product should be in its original condition, insofar as reasonably possible. You can return your order in the nearest Pure Vue store, or use the return label that came with your order, or generate a return label in your Pure Vue account, or contact us to obtain a return form and return the Products by mail (as per our instructions within fourteen (14) days of your cancellation).
  4. We are not responsible and/or liable for any products you return to us by mistake. These products will not be stored and/or returned to you.
  5. Upon receipt of your cancellation of the order, we will reimburse the purchase price and initial delivery costs (if any) as soon as possible but in any case within fourteen (14) days of receipt of your cancellation. Please note that payments for Same Day Service are not eligible for a refund.  
  6. Please note that payments for Same Day Service are not eligible for a refund. 

8. Warranty and liability

  1. We provide a two (2) year warranty on all Products, starting upon delivery. 
  2. If the Products have a defect within the warranty period, you must notify Pure Vue of the defect within a reasonable period after becoming aware of it (preferably within two (2) months). After such notification you will be entitled to a replacement. 
  3. No claim under the warranty can be made if the damage is caused:
    1. deliberately or by negligence; 
    2. by improper use or careless maintenance;
    3. by normal wear and tear;
    4. by not or incorrectly following the instructions relating to the Product; or
    5. by having anyone other than Pure Vue make repairs or changes to the Product.
  4. Pure Vue’s liability under these T&C’s and the agreement is limited to the obligations stated in this section (Warranty) and product liability. Any other liability of Pure Vue is explicitly excluded  unless the damage is the result of Pure Vue willful intent or gross negligence. 
  5. Should Pure Vue despite the foregoing still be held liable, that liability is limited to EUR 10,000 (ten thousand euros) for each occurrence, with a maximum of EUR 25,000 (twenty five thousand euros) per year.

9. No guarantees

  1. Any information provided on or in relation to the Website is for general information purposes only and the user is and remains solely responsible for the use and interpretation of the information on the Website. 
  2. The information shall not be considered as medical advice or otherwise and should not be used to for any diagnosis or choice for treatment.  Always consult a doctor or specialist for medical problems. Although we take great care in maintaining our Website, we cannot guarantee that the Website and its contents are accurate, complete, up to date, nor that the Website is available, uninterrupted, error-free or free of viruses or bugs. Insofar as our Website contains information of third party’s or links to other websites, Pure Vue is not responsible for any such information or links (or availability thereof). 
  3. We intend to display the Products as accurately as possible but cannot guarantee that the images of the Products are an accurate representation of the actual merchandise due - among other reasons - to the technical difference in monitors or screens you may use. All specifications, drawings and particulars of weights, sizes and performance are approximate only.

10. Gift Cards 

Currently not available

 

 

11. Account, Personal Data and Privacy 

  1. When placing an order for our Products, you may have to create an account with Pure Vue. In order to be able to open an account you must provide your personal data. You are responsible for the safety and correct use of your password to your account with Pure Vue and will keep this confidential. If you suspect your account is being abused, please contact the Customer Service team immediately.
  2. Pure Vue will process your data in accordance with our privacy policy. Please read our privacy policy carefully. By placing an order or using our services, you agree to our storing and processing of your data and you confirm that any data provided by you is correct and complete.

12. Intellectual Property Rights

  1. Unless otherwise stated, Pure Vue holds all intellectual property rights to the Website, its contents (including text, design, layout, images, and videos), the Products, trademarks and trade names of Pure Vue. 
  2. You may use the Website and information provided thereon for your own personal use (such as printing and saving them for later viewing). Any other use (such as copying, redistributing or saving the contents or any part thereof to another website, framing, hyper- or/deeplinking to another website) is not allowed without our express written consent.

13. Force Majeure

  1. Except as hereinafter provided, Pure Vue is not liable for any default or delay in its performance (or that of any third parties relied on by it) due to Force Majeure. Force Majeure means any circumstance beyond the control of Pure Vue such as, without limitation, acts of God, strikes, lockouts or industrial disputes or disturbances, civil disturbances, acts of third parties, wars, riots, blockades, lightning, fire, storm, floods, explosions, the inability to obtain or retain necessary authorizations, permits, and compliance with any law or governmental order, rule, regulation or direction, regardless of whether it is later held to be invalid.
  2. In the event of a Force Majeure event, Pure Vue shall inform you as soon as reasonably. Both Pure Vue and you may rescind the agreement if the Force Majeure lasts for more than twenty-one (21) days. Pure Vue will refund any payment made. 

14. Termination

  1. Both Pure Vue and you may terminate (including rescind (‘ontbinden’)) the agreement if: 
    1. the other party has requested a suspension of payments or bankruptcy, or either has been granted to it, or the Dutch Natural Persons Debt Rescheduling Act applies to you;
    2. the other party fails to meet its obligations under the agreement and has not cured such failure within 14 (fourteen) days of having been notified thereof in writing.

15. Various

  1. Pure Vue may change these T&C’s at any time. By placing an order you agree that the latest version of these T&C’s will apply to your order.  
  2. Any deviation from the terms of the agreement (including the T&C’s) must be done in writing and signed by both parties. 
  3. References to writing also include email, unless stated otherwise.
  4. If any part of these T&C’s is invalid or unenforceable, such part shall be replaced by valid terms and the remainder of these T&C’s will remain in place. 
  5. Failure to enforce any part of these T&C’s shall not be a waiver of any right of Pure Vue, a waiver must always be done explicitly and in writing.
  6. Any Terms and conditions of any other party are explicitly rejected and do not apply to the agreement between Pure Vue and you.
  7. You may not transfer any of your rights or obligations under these T&C’s to another person without our prior written consent, which we will not withhold unreasonably. Should Pure Vue wish to transfer its rights and obligations under these T&C’s to a third party, to which you hereby consent in advance, such transfer will not affect your rights under these T&C’s.
  8. If you need to contact us, our dedicated Customer Service team can be contacted at Contact@pure-vue.com

16. Jurisdiction

  1. These T&C’s and all agreements concluded between Pure Vue and you, and all disputes relating thereto are governed by the laws of the Netherlands without regard for conflict rules under Dutch private international law. The applicability of the United Nations Convention on the International Sale of Goods (Vienna Convention of 11 April 1980) is explicitly excluded.
  2. If you are based in the EU (including the United Kingdom), any disputes arising out of or in connection with the T&C’s or our agreement(s) shall be submitted to the competent court of Amsterdam, the Netherlands. If a consumer wishes to bring the dispute before another competent Dutch court, it shall inform Pure Vue thereof in writing within one (1) month after Pure Vue having informed the consumer that it wishes to invoke this Section, in the absence of which notification from you the competent court of Amsterdam shall have exclusive jurisdiction.
  3. If you are based outside the EU, any disputes arising out of or in connection with the T&C’s or our agreement(s) shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut). The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Amsterdam, the Netherlands. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the laws of the Netherlands. Consolidation of the arbitral proceedings with other arbitral proceedings pending in the Netherlands, as provided for in Article 1046 of the Dutch Code of Civil Procedure, shall be excluded.This clause shall not limit the right of Pure Vue to initiate proceedings against you in any other jurisdiction, nor shall it preclude Pure Vue from applying for injunctive relief in summary proceedings before the competent court of Amsterdam, the Netherlands.