Terms & Conditions
TERMS OF DELIVERY, REFUND AND REFUSAL OF PRODUCTS AND SERVICES
Last updates: 2020.10.15
This website (“Online shop”) is owned and operated by SIA Smart Vision (40203206546) registered in Riga, Matīsa iela 87A (Latvia) (“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, refunds 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 email 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 has 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 Latvia at the time of the purchase.
2.2. Delivery price depends on 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 24 months, or – in case you are over 70 years old – in 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 email 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, including trying on opportunity provided in Clause 5 herein.
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 receive 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 the following categories: spectacle frames and sunglasses.
5.2. When Customer uses Product try-on option, prepayment in the amount of 1% (one percent) of the value of Product shall be made.
5.3. Within 10 (ten) days of the beginning 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 authorize 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 Latvia.
6.2. Products are delivered to the Customer free of charge.
6.3. Seller will arrange order and give to a postal service provider in 5 working days after order’s confirmation. Delivery time depends on chosen shipping method.
7. REFUSAL RIGHTS, REFUNDS AND EXCHANGE
7.1. Customer has the right to reject the contract without explaining the reasons within 30 days after receiving the order, submitting a refusal application to the Seller, which can be downloaded, written (as letter or digitally signed document) or in any format, that could be transformed to the written format. Application may be sent via postal services, e-mail or submitted in a shop in Riga at Aspazijas 24 (Rīga, Aspazijas bulvāris 24).
7.2. Seller will confirm receiving of refusal application by sending notification to the Customer.
7.3. Customer has to return Product within 5 calendar days after submitting the refusal application. Refusal time limit is counted from the date, when Customer or indicated third person, except transporter, receives the order. If order contains more than one parcel, the return period shall begin to run from the time the last parcel reaches the Seller.’
7.4. In case the Customer refuses the deal according to the refusal rights outlined in paragraph 7.1. of these Terms, the Customer has the responsibility to return 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 or make further use of the Product impossible, or decrease the value of the Product.
7.5. When Customer refuses a deal, according to the refusal rights outlined in paragraph 7.1. of the Terms, Seller refunds the amount paid by the Customer transferring it to the Customer’s bank account within 14 days after all of the following conditions have been met:
7.5.1. The Seller has received and agreed to the refusal submitted by the Customer;
7.5.2. The Customer has returned the Product, and its original packaging and the state of the returned Product conforms with the requirements established in paragraph 7.5. of these Terms;
7.5.3. There are no conflicts among both sides.
7.6. The Seller has the right to hold the paid amount refund until the moment the Customer returns the Product and its original packaging or submits evidence that the return to the Seller has been done.
7.7. By exercising the right of withdrawal, the Customer shall cover all expenses directly related to the return of the Product and its original packaging. The cost of returning the Product and its original packaging shall be borne by the Customer.
7.8. In case the Customer wants to exchange, repair, or replace the Product, Customer has to fill out the return document that is added to the parcel. In case of exchange or replacement, Customer bears all costs that are directly linked to the return of the Product, unless the returned Product does not match what was ordered.
8. COMPLAINTS AND GUARANTEE
8.1. Seller is responsible for the inconsistency and defects of the Product within 2 years after delivery to the Customer.
8.2. If Customer notices 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 in via post services to Riga, Aspazijas 24 (Rīga, Aspazijas bulvāris 24).
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 defect 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 theProducts 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 is 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 free repair are not possible even before guarantee time period is not over.
8.9. 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.
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 a guarantee cases.
9. PACKAGING RULES IN CASE OF RETURN
9.1.The Product must be packaged in a package in which Customer received the Product. Customer has to complete the return label sent by the Seller at the time of delivery and affix it to the packaging
9.2. Returns shall be made by mail or delivery service provider or by personal delivery to the Seller's Store at 24 Aspazijas Boulevard, Riga.
9.3. The Customer is obliged to ensure that the Product is packed in such a way as to ensure complete and safe transportation of the Product subject to the fragile Product requirements in such a way that the condition of the Product is not impaired during transportation and the value of the Product is not reduced. In particular, the Customer is obliged to inform the postal or delivery service provider of the requirements for transportation of such Product.
10. GIFT CARD
10.1. To purchase a Gift and visit Smart Vision retail store or www.smartvision.lv. Add the gift card to your basket and select the mount you would like to put on the card. Check out as normal.
10.2. If you are purchasing a gift card as a present, please double check the delivery email address you enter - it is your responsibility to do so and we are not responsible if a gift card is used by someone other than your recipient as a result of incorrectly entered address of the recipient. We are also not liable for any gift card that is lost or used by someone other than your recipient after delivery.
10.3. We are not liable for stolen or lost Gift Cards. Make sure your recipient has received their gift card, as it is their responsibility to keep the Gift Card safe.
10.4. Gift Cards are valid for 12 months from the date of purchase and can be used for one purchase.
10.5. Gift Cards cannot be returned, refunded or exchanged for money.
10.6. The Gift Card can be used for goods in Smart Vision online shop www.smartvision.lv and in our retail stores (find all the store list at Contacts) by submitting the card at the checkout before paying.
10.7. The Gift Card can be used as full or partial payment for product/s on the Smart Vision website or in the retail store.
10.8. If the value of your purchase is less than the value of the Gift Card, we do not compensate the difference. If your order exceeds the value of the Gift Card, the remaining balance must be covered by the buyer during the checkout process using another payment method.
10.9. Gift Cards cannot be used in conjunction with other promotional and discount codes.
10.10. Gift Card rules:
10.10.1. It cannot be used to purchase other gift cards.
10.10.2. When you return or cancel Smart Vision order and a Gift Card was used as full payment, your refund will be issued to you in the form of another Gift Card (i.e. we will not refund money to you in these circumstances). There will be no monetary exchange for returned or cancelled orders made with Gift Cards.
10.10.3. Gift Cards are issued by Smart Vision.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. Without prejudice to the application of the mandatory consumer protection provisions, these Terms are governed by Latvian 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 Latvian Consumer Rights Protection Centre (Latvijas Patērētāju tiesību aizsardzības centrs).
11.4. If the parties do not agree with the resolution of the Latvian Consumer Rights Protection Centre, parties have a right to submit a claim to the State Court of the Republic of Latvia where the dispute shall be resolved in accordance with Latvian 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 (i) are more favorable to the User; (ii) required by law; or (iii) involve the addition of a new service; or (iv) 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
SIA Smart Vision
Adress: Latvija, Rīga, Aspazijas bulvaris 24
E-mail: [email protected]