GENERAL TERMS & CONDITIONS FOR ONLINE PURCHASING AND WEBSITE USE
(Updated May 2017)
We are Marchon UK Ltd, a company registered in England and Wales, trading as Dragon Alliance (“Dragon”). Our company registration number is 3103395 and our address is 3 Onslow Street, 6th Floor, Guildford, Surrey GU1 4SY, United Kingdom. Our registered VAT number is GB 664529902.
You can contact us by telephoning our customer service team at 01722 786161 or by emailing/writing to us at email@example.com or Dragon, Unit 1, The Centurion Centre, Castlegate Business Park, Old Sarum, SALISBURY, Wiltshire, SP4 6QX.
These general conditions apply to:
• orders placed for products available on http://uk.dragonalliance.com/ (the “Website”) by consumers within the EU, EEA and Switzerland; and
• the use of any information, documents, graphics, movies, features, music and/or other services on the Website.
Please ensure that you read these general conditions carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us.
By using our site, you confirm that you accept the terms and conditions of website use and that you agree with them. If you do not agree, you must not use our site.
II. PLACING ORDERS ON THE WEBSITE
A. ELIGIBILITY TO ORDER
To place an order on the Website, you must be:
• at least 18 years old; and
• a consumer - not a reseller
B. HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding items to your shopping cart, customizing items with prescription lenses (if applicable) and submitting your order.
Placing an order on the Website is easy.
• Find the products you want (and customize with prescription lenses, if applicable).
• Add the products to your shopping cart.
• Proceed to checkout.
• Select delivery and billing options.
• Review your order.
• Submit your order.
• Receive an online order acknowledgment, with order reference number.
• Receive an online order confirmation.
When you submit an order we will send you an email acknowledging receipt of your order. This does not mean that we have accepted your order. Our acceptance of the order takes place as follows:
• For non-prescription products: when we send the products to you. We will send you an email confirming that the products have been sent (“Order Confirmation”). At the time the products leave our warehouse, a contract, containing these general conditions, comes into existence (the “Contract”) and is binding on you and us (unless you cancel under Section V or VII below); and
• For prescription products: when we send you an email confirming that we accept your order. At this point, a binding Contract comes into existence, and you will not be able to cancel it. You are responsible for ensuring that the prescription you enter when you place an order is correct.
We recommend that you print or download a copy of these general conditions and the Order Confirmation for future reference.
If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
C. OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason, including for example:
• your billing information is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• you are under 18;
• you are a reseller;
• there was a clear error in the price displayed on the Website; and/or
• in the event of a clear misspelling or other errors or mistakes in the Website information.
If we do not accept your order, we will inform you of this by email.
We also reserve the right to cancel a Contract by email to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we have cancelled:
• there was a clear error in the price displayed on the Website;
• we could not deliver to the address provided by you;
• due to an Event Outside Our Control (see below); and/or
• in the event of clear misspelling or other errors or mistakes in the Website information.
D. DATA CHECK
When you send us your order, we may run some checks on it before we accept it. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Website will be investigated and if necessary prosecuted.
A. PAYMENT METHODS
You can find the available payment methods in the Help Section of the Website. We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other loss that may result from this action.
B. PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse.
Payments can only be processed if the billing information can be verified.
We retain title in any product(s) until we have received full payment for such product(s). At that point, you own such product.
C. PRICES AND CURRENCY
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the Help Section of the Website.
Prices are quoted in £ Sterling. Please note that changing the country of delivery may have an influence on price due to a change in currency or to country specific pricing.
D. YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. For the avoidance of doubt, you will be responsible for any such exchange rate fees and/or related bank fees.
E. PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
IV. SHIPPING & DELIVERY
A. DELIVERY – WHERE AND WHEN
We dispatch from Monday to Friday. We do not ship on certain public holidays. Please refer to the Help Section of the Website for dates and the available delivery times and methods. We can only fulfil an order to a delivery address which is a home or office address in one of the countries listed at checkout.
B. SPLIT DELIVERY
Where possible, we try to ship all items which you have ordered at the same time in one shipment.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
C. INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
D. SHIPPING RATES - FREE SHIPPING
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. See the Help Section of the Website for threshold amounts and their corresponding discounted delivery rates.
V. RETURNS & CANCELLATIONS
A. CANCELLING ORDER BEFORE DELIVERY
You may cancel any order (excluding prescription orders) free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please email us at firstname.lastname@example.org quoting your order reference number.
B. RETURNING ORDERS AFTER DELIVERY – DEFECTIVES
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within thirty (30) days after you notice the defect. This does not affect your legal rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the Help Section of the Website.
C. EXERCISING YOUR RIGHT OF WITHDRAWAL (NO DEFECT)
If for any reason other than defects you are not happy with the products you ordered, you may return the products delivered to you within fourteen (14) calendar days after the product is delivered, without giving us any reason, as long as the products are complete, boxed as new and not marked or damaged in any way. In the case of split deliveries, the fourteen (14) day period is calculated from the date of delivery of the last product to be delivered.
We will accept the return of a prescription glasses order within such fourteen (14) day period, although we are only able to refund the cost of the frame and are not able to refund the cost of the prescription lenses (unless defective). To be eligible for a full refund, the frame must be returned within such fourteen (14) day period, boxed as new and not marked or damaged in any way.
If you return incomplete, un-boxed, used and/ or damaged products, we may reduce the refund to reflect the amount by which the value of the products is reduced, up to the total price (except where the product was damaged when delivered).
For information on refunds, see below. For practical information on how to return, see the Help Section of the Website. You may wish to use the cancellation form
to notify us that you wish to return a product, but it is not obligatory. You may also notify us by phone or email of your desire to return a product. If you inform us that you wish to return a product within the fourteen (14) day period described above, we shall reimburse to you all payments received (excluding delivery costs) no later than fourteen (14) days from the date on which we receive your returned product.
D. PRODUCT EXCHANGE
Product exchanges are currently not possible, but you do have the option of returning your product(s) and re-ordering. For information on refunds, see below. In order to get another product colour or size, you will have to place a new order on the Website.
E. REFUND INFORMATION
Refunds will be made by the same method as the original method of payment.
In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment.
For practical information on how to return, see the Help Section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.
A. Dragon shall not be responsible for any indirect or unforeseeable losses or damages you may suffer as a result of our breach of these general conditions or our negligence.
B. To the extent permitted by law, we shall not be liable for damage incurred by a third party resulting from the use of any of our products.
C. We shall not be liable for damage incurred by you to the extent that it is caused by your improper use of any of our products.
D. To the extent permitted by law, in the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the Website, our liability will be limited to:
• damage to the Dragon products or to other materials;
• reasonable and demonstrable costs incurred by you to find out the cause and the amount of such damages; and
• reasonable and demonstrable costs incurred by you to prevent or reduce such damages.
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
E. We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care; and for defective products under the UK Consumer Rights Act 2015.
F. Even though we have created the Website with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it, or any incorrectness, or incompleteness of the Website. Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
G. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
H. Please note that we only provide the Website for domestic and private use. You agree not to use the Website, or the information, texts, documents, graphics, movies, music and/or other services on it, for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
VII. EVENTS OUTSIDE OUR CONTROL
A. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these general conditions that is caused by an Event Outside Our Control.
B. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions:
• We will contact you as soon as reasonably possible to notify you; and
• Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
C. With regard to non-prescription products that have not yet been shipped, you may cancel the Contract if an Event Outside Our Control takes place and you no longer wish us to provide such products. Please see your cancellation rights in Section V(A) above. We will only cancel the Contract if the Event Outside Our Control continues for longer than twenty (20) weeks in accordance with our cancellation rights herein.
VIII. INTELLECTUAL PROPERTY RIGHTS
A. Dragon owns or is licensed to use all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
B. You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource.
C. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
D. Dragon’s status as the owner or licensee of content on the Website must always be acknowledged.
E. You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Dragon.
F. If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
IX. USER GENERATED CONTENT
If you post any ideas, remarks, questions, data, graphics, opinions, designs, or other information (including info on bulletin boards, chat rooms or other forums on the Website) (hereafter "User Generated Content”), on the Website, or if you send such User Generated Content through the Website to Dragon, ownership of any intellectual property rights and other rights in the User Generated Content shall automatically be transferred to Dragon. To the extent such transfer is not valid, you grant to Dragon , by submitting the User Generated Content to Dragon, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
The User generated Content will be deemed to be non-confidential and we will be entitled to use or disclose the User Generated Content in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Dragon or any other party should any User Generated Content created, posted or sent by you be used in the above sense by Dragon or such other party.
Dragon does not, and you agree that Dragon has no obligation to, review the User Generated Content, that Dragon does not guarantee the accuracy, integrity or quality of User Generated Content, and that Dragon cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.
Dragon is under no obligation to oversee, monitor or moderate the User Generated Content, and we expressly exclude our liability for any loss or damage arising from User Generated Content in contravention of our content standards, whether the service is moderated or not. You acknowledge that Dragon is not in any manner responsible for User Generated Content and that by providing you and others with the ability to access and view User Generated Content on the Website, Dragon is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not those of
Dragon or its affiliated or related entities or content providers.
However, you acknowledge and agree that Dragon has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Dragon reserves the right to edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content, the identity of the user who created it and the circumstances surrounding its transmission to any third party who claims that it defames them or violates their intellectual property rights or their right to privacy.
You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify Dragon in writing of any objectionable content appearing on the Website by emailing us at email@example.com.
Any use of User Generated Content, will be at your own risk. The other content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
X. APPLICABLE LAW AND LEGAL PROCEEDINGS
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by English law and you can bring proceedings in the English courts. If you live outside England you can bring legal proceedings in your national courts or the English courts. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
XI. AVAILABILITY OF THE WEBSITE
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
XII. YOUR ACCOUNT AND PASSWORD
If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Customer Services at firstname.lastname@example.org.
XIII. LINKED SITES
The Website provides links to external Internet sites. We shall not be liable for the use or the content of internet sites that link to this site or which are linked from it.
XIV. VARIATION OF GENERAL CONDITIONS
We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the Contract between you and us.
Whenever we revise these general conditions we will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the top of this page.
XV. OTHER IMPORTANT TERMS
A. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions.
B. You may not transfer your rights or your obligations under these general conditions to another person without our prior written consent.
C. Each of the paragraphs of these general conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
D. If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
E. We will not file a copy of the Contract between us.