Terms & Conditions
[vc_row][vc_column][vc_column_text]Effective Date: 9/11/19
1. Overview
Thanks for visiting our terms and conditions page. Eyewear Express Ltd which does business as Espy and Iris, operates and provides services through www.espyandiris.com (the “Site”) We’ll go by “Espy and Iris”, “we”, or “us” to keep it simple. We will also refer to the Site and the services available through them as the “Services.” “Services’ includes the order and subsequent purchase of any goods or the use of our Home Try-on service. Before using any of the Services, please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and Espy and Iris to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them, so if you have any questions, contact us at info@espyandiris.com. We reserve the right to update and revise these terms of use at any time. We will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We’ll provide notice by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.2. Eligibility
By submitting your order to Espy and Iris you confirm:- You are aged 16 or over and are not registered blind or partially sighted;
- You are in possession of a written prescription for your spectacles that has been given to you by a suitably qualified person in the last 24 months (or 12 months if you are aged 70 or over); and
- You will supply accurate details of your current prescription (including any notes on the prescription) when requested.
- Orders for very strong prescriptions such as where the combined power of both the spherical & cylindrical component is greater than +/- 7
- Where the cylindrical power is over +/- 4
- If there is more than 5.00 D difference between the right and left eye
- If your prescription has a correction for prism
3. Your Account
You may be able to navigate some of the Services without creating a user account (“Account”); but certain Services (like making a purchase) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You are solely responsible for keeping your Account and Account password secure and for any consequences resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. You can always delete the personal information from your Account by emailing us at info@espyandiris.com You can delete your Account by emailing us at info@espyandiris.com4. Orders
Orders to Espy and Iris must be submitted via the web at www.espyandiris.com- Submission of an Order represents an offer to purchase Goods from Espy and Iris, and we will confirm receipt of this offer via email.
- Prescription Glasses orders are only accepted by us once your payment has been processed and they have been reviewed and authorised by a Dispensing Optician. In the case of the non prescription goods and the Home Trial service, your order is accepted once the required payment has been accepted or when the relevant goods are shipped, whichever occurs first. We will confirm acceptance of your Order via email or verbally.
- 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 8). If we are unable to contact you, your Order will be cancelled and you will be given a full refund. In the case of the Home Trial service we may send partial goods if some goods are unavailable.
- If considered necessary or appropriate before an Order is accepted, Espy and Iris’s Dispensing Opticians have absolute discretion:
- to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription;
- to request that you obtain your pupillary distance measurement from your optician;
- request that you obtain a new written prescription from your optician.
5. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 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.6. Prices and Payment
- Prices stated are inclusive of any Value Added Tax (VAT) that may be required to be remitted to tax authorities by Espy and Iris and all prices are stated in Euros.
- We will use best endeavours to ensure the accuracy of the prices and price related information stated on the Site.
- However we cannot guarantee that we will not make a mistake and misprice an item inadvertently. If this is the case, the Dispensing Optician reviewing and authorising your Order will notify you of the error. You will then have the choice to either accept the correct price or to cancel your Order.
- The price you pay is a retail price as appearing in your basket. In certain territories where we sell, we are required to report part of the sale price to the relevant tax jurisdiction and pay that amount in tax. We do not adjust our prices depending on the sales tax suffered which varies from country to country. And we do not add tax to any amount shown in your basket.
- In some delivery countries there may be rules imposed locally that will charge import VAT to the purchaser. Espy and Iris is unable to provide any refunds for such costs.
7. Delivery and Carriage
The majority of orders are shipped within 5 business days from order date, though more complex orders may take longer. You will receive a confirmation email as soon as your order has been dispatched from our warehouse. We work hard to ensure even the most complex prescriptions are dispatched within 14 days of being authorised by our opticians. Please Note:- Delivery of the Goods will be made to the address provided by you at the time you placed your Order.
- If your Goods are not delivered safely within a reasonable number of days of you receiving notification of dispatch, you should contact us at orders@espyandiris.com. Customers should promptly inspect goods delivered to them to satisfy themselves that any goods delivered to them are as expected.
- In the case of non delivery, if either Espy and Iris or our courier is at fault, you will be offered the choice of a full refund or re-delivery.
8. Returns and Cancellations
You may return or receive a refund on your glasses if you are unhappy with them for any reason. Please note:- You have 30 days from the date of delivery to return your frames, this will be based on the dates provided by the courier tracking number.
- Refunds will be credited to the original payment method on receipt of the returned item by Espy and Iris.
Ireland Returns
Just follow these easy steps:- Contact us for a returns form and fill out the details as required;
- Post the frames back to the address stated on the returns form and retain a receipt of the postage costs.
- Pop the frame(s) you want to return, with their case and cloth, back in the delivery envelope or box, along with the returns form;
- Send us the package so it reaches us within 30 days of delivery date
- When you do return product we recommend that you obtain proof of postage from the Post Office as we are unable to take responsibility for packages lost in post.
International Returns
Just follow these easy steps:- Contact us for a returns form and fill out the details as required;
- Pop the frame(s) you want to return, with their case and cloth, back in the delivery envelope or box, along with the returns form;
- Send to the address included on the returns form
- Send us the package so it reaches us within 30 days of delivery date
- When you do return product we recommend that you obtain proof of postage from the Post Office as we are unable to take responsibility for packages lost in post.
Cancellations
You have the right to cancel your order for up to 14 days from the time of purchasing. If we’ve already shipped your order, you’ll need to package the items and send them back to us as described in the returns information above.9. Refer a friend
- To be eligible to refer a friend you must be an existing Espy & Iris customer and have placed an order in the past.
- We need to verify Your friend must have their own prescription and email address, when submitting a prescription the full name of the customer must be on the prescription, we may request further information if we cannot verify these details.
- The discounts for the referrer and the referee cannot be used towards sale items.
- The discounts for the referrer and the referee are only applicable to orders of €60 or more
- Espy and Iris reserve the right at all times without giving any reason and or notice to stop or amend the terms or to change the terms of the refer. friend offering.
- Espy and Iris reserve the right to cancel and refund any orders relating to the refer a friend offer.
- If Espy and Iris deem that individual are taking advantage of the offer we may exclude said users from taking part in the offer.
- This promotion is cannot be used in conjunction with any other offer or discount codes.
- If the referee cancels their order, the referrers discount code will be invalid.
- The refer a friend promotion is valid until 31/12/21
10. Limitation of Liability
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Espy and Iris, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.