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We guarantee the origin of our products exclusively coming from officials manufacturers/suppliers for each mark.

GENERAL CONDITIONS - S.A.R.L Kiga PRIVATE LIMITED COMPANY

Main registered office : Rue de la Halte, 16 -8715 EVERLANGE - Luxembourg
E-mail address :
VAT : LU 230.717.29
Trade register : B144200
Hereinafter referred to as "THE COMPANY"

ARTICLE 1: Application and opposability of the general sales conditions
These general conditions alone, excluding any other general or special conditions, shall govern trade relations between the COMPANY and the client in the context of a distance selling system, by e-mail.
The client shall declare compliance herewith and agree to the contents by clicking on the word "I agree" before confirming the order.
The annulment of any clause in these general sales conditions shall not invalidate other clauses, which shall continue to apply.


ARTICLE 2: Information about the client
The COMPANY shall comply with the statutory information requirements imposed upon it by the Luxembourg law on business practices and consumer protection.


ARTICLE 3: Order
Any products the COMPANY delivers to the client shall require the provision of an order form beforehand which the COMPANY shall reserve the right to accept or otherwise.
The contract shall be deemed to be validly concluded once the client receives an electronic acknowledgement of receipt from the COMPANY featuring an overview of the order.

ARTICLE 4 : Product availability
The products shall be offered for sale subject to the availability of stocks.
Should a product offered for sale be unavailable, subsequent to the acceptance of the client's order, the COMPANY shall undertake to notify the client about this electronically as soon as possible. Using the same electronic media, the client shall then be entitled to seek the annulment of the order, without this annulment leading to any compensation chargeable to the COMPANY.

ARTICLE 5 : Prices
Prices shall be denominated in Euro (€), including VAT.
The COMPANY shall not be affected by any customs duties, local taxes, import duties or any charges likely to be required in the event of deliveries outside the European Union. These shall be chargeable to the client, with the latter being entirely responsible for any declaration and payment of such charges.
The products shall be billed in the light of the rates (price and shipment costs) applicable when the order is recorded, subject to availability.
The shipment costs (packaging and carriage) as specified in article 8 (Delivery) shall be added to the total price for the order.

ARTICLE 6 : Evidence of the parties' commitments and notifications
The parties shall expressly agree to the electronic evidence in the context of their relationship (e-mail, back up,&) and any notification the client provides the COMPANY shall be made via the e-mail address mentioned in the relevant article in these general conditions.
The parties shall agree that the data recorded by the COMPANY shall be evidence of all the business transactions undertaken by the client onsite.
The data recorded by the protection system referred to in article 7 below shall represent evidence that the products ordered have been paid for.


ARTICLE 7 : Payment
Bills shall be payable in cash, without any discount and shall be deemed to be a formal demand for payment.
Any amount the client fails to pay shall be subject by rights and without notice to late interest payments equal to 1% per month, with each month that begins counting as a full month, and to fixed compensation as of right equal to 15% of the value of the order, postal charges included.

The payment shall be made by credit card or a bank transfer:

Payment by a secure credit card (Whole World)

The COMPANY accepts the following credit cards :


Payment by bank transfer (EU countries)

Since 1 July 2003 it is possible to pay by bank transfer between member countries of the European Union without charge.

From Belgium and Luxembourg, we offer you different bank accounts to facilitate your transfer.

The orders will be validated after having received the confirmation of the bank of the payment of the order (= when the payment is noted on the account of the company). The time of this validation depends on the time necessary so that your bank carries out the transfer.
You can note this validation in your profiles.
We do not send any confirmation email for a payment by banking transfer.

From Europe :
We offer you the following account:

ING Luxembourg
IBAN : LU98 0141 3403 8222 0000
BIC (swift-code) : CELLLULLXXX


Depuis la Belgique :

You can pay your order directly online through Ogone and his secure payment service if you are a customer of Dexia DirectNet , ING Home banking or CBC / KBC, or at a later time to the one of our 3 accounts provided.
You also can pay on our luxembourg bank account at your disposal.

ING Belgique: 363-0494843-86
IBAN : BE78 3630 4948 4386
BIC (swift-code) : BBRUBEBB

Dexia DirectNet: 068-2514116-97
IBAN : BE54 0682 5141 1697
BIC (swift-code) : GKCCBEBB

CBC/KBC: 732-0199713-41
IBAN : BE88 7320 1997 1341
BIC (swift-code) : CREGBEBB

Any refund to the customer will be through bank transfer. For this purpose Customer will provide the IBAN and BIC by e-mail to the company.


SECURITY
The COMPANY guarantees that the client's banking information shall be treated with the utmost confidentiality and shall be protected by the SSL protocol which automatically checks the validity of the access rights during bank card payments and scrambles all exchanges so as to guarantee confidentiality.
The COMPANY has entrusted its payment system to a company specialising in online payment security: Ogone e-commerce.
Sensitive information, such as a credit card number, is exchanged between the client and the Ogone e-commerce site. The COMPANY is not privy to this information.
When a client's credit card number is encoded, the client is no longer passing through the COMPANY's servers but via Ogone e-commerce's protected servers .
The secure Ogone platform is certified PCI-DSS, more stringent security standards in the payment industry.

ARTICLE 8 : Delivery
Orders shall be processed from Monday to Friday, not including public holidays.
The ordered products shall then be sent from Grand-Duché du Luxembourg, within one to six working days following the order confirmation, subject to the availability of stocks.
The products shall be delivered in line with the details supplied by the client.
A bill matching the order shall be made out in the client's name and enclosed with the shipment.
Clients who do not receive the products they order should notify the COMPANY about this via electronic media within a reasonable period equal to 30 days after the receipt of the order, in order for any complaint to be accepted.
E-mails for reporting products have not been received must be sent to the following address:

The COMPANY may not be held liable for a delay or delivery problem involving a force majeure or an event outside its control that makes the fulfilment of the contract impossible or more costly, on the understanding that the following are regarded as falling into this category: strikes, lock-outs, riots, a revolution, a call-up, war, epidemics, official orders, transport problems, operational disturbances, fires and other similar cases (although this list is not exhaustive and it is provided solely for illustrative purposes).
Similarly, the COMPANY may not be held liable for delays or delivery problems originating with third parties, such as suppliers, subcontractors, agents and representatives, who make the fulfilment of the contract impossible or more costly.
The delivery operation shall be undertaken as a result of delivering the products to a transport operator of the client's choosing. This delivery shall involve transferring the risks to the client, particularly the transport risks.
Clients may choose between having their products shipped by standard postal delivery or via an express service with tracking.


Standard postal delivery:

The COMPANY may not be held liable for late postal deliveries nor the risks of items being lost in the post. The choice of delivery system shall be made at the client's risk.

N.B.: FRENCH CLIENTS:
It takes an average of three weeks for a package to be delivered via the French postal system (in order to reduce the waiting time, it is recommended to use the express service with tracking).
Exceptionally, for standard deliveries in France, we will use as possible the sending with 'Lettre Ma'x. This will depend on the size of the package.
'Lettre Max' permits the tracking on the French post website, but offers, as well as sending by regular mail, no warranty. Indeed, no signature will be required. The forma' Lettre Max' was regulated to enter the mailboxes.

Postal rates

Austria, Belgium, France, Luxembourg, Germany, Netherlands, Denmark, Switzerland, Norway, Sweden, United Kingdom, Ireland, Austria, Italy, Spain, Portugal, Azores, Andorra, Canary Islands, Ceuta, Finland, Gibraltar, Greece, Guernsey, Jersey, Madeira, Man, Mellila, Monaco, San Marino
4,20 €

For the rest of Europe
6,20 €

For the rest of the world. 30,0 €

Express service with tracking:

France:
express service packages with tracking are send with Chronopost.
This service offers tracking of the shipment on the website Chronopost.fr.
Between sending and receiving by the client, average time is + / - 3 days.
In case of absence during delivery, a delivery notice will be deposited in your mailbox. Your package will wait for you at your post office.
To find the post office, please visit the website to monitor the post office (address below).
Your tracking number is located in your order history.

Suivi : http://www.chronopost.fr/transport-express/livraison-colis/suivi

Belgium:
packages covered by an express service with tracking are forwarded via Taxipost. It takes 2 days on average to deliver a package.

Other European countries:
the COMPANY recommends the services of the DPD undertaking.
DPD is an express transport operator that specialises in collecting and distributing packages requiring urgent delivery plus tracking.
In case of absence during delivery, a delivery notice will be deposited in your mailbox. Your package will wait for you at your post office.
Your tracking number is located in your order history.

Suivi : http://www.dpd.com/

Restrictions: DPD deliveries are made during office hours and are subject to acknowledgement of receipt, hence a delivery address where the client is sure to be able to receive the packaging during these times must be specified.

Express delivery with Tracking number

!!! CAUTION!!!
The service "Express with tracking" is not available for all the European countries and those apart from the European union. To know our countries of distribution, please consult the list below.
If the country is not in the list it is that this service is not available.

Belgium (Taxipost) 6,10 €    
Luxembourg, Germany, Netherlands 6,10 € Sweden 24,80 €
France (Chronopost) 7,50 € Switzerland 36,40 €
Austria 8,50 € Slovenia 37,00 €
Denmark
8,50 € Slovakia 34,00 €
Finland 25,00 € Spain 35,50 €
Corsica 56,00 € Balearic Islands 46,70 €
Greece 57,20 € Canary Islands 71,90 €
United Kingdom 17,20 € Czech Republic 28,10 €
Channel Islands 38,30 € Turkey 58,40 €
Ireland 23,60 € Hungary 37,00 €
Italy 21,30 € Malta 40,50 €
Norway 24,80 € Estonia 90,00 €
Poland 28,50 € Latvia 90,00 €
Portugal 41,23 € Lithuania 90,00 €
Azores, Madeira 55,90 € Cyprus 63,50 €


N.B. :
Should a client fail to take delivery of a package when this arrives, the COMPANY shall not arrange for the reshipment of the package until the client has remitted the reshipment costs. Should the client fail to do this within 15 days after requested to do so by the COMPANY, the latter may regard the sale as cancelled, detrimentally and adversely to the client and retain any sums it might have already received by way of compensation.


ARTICLE 9 : Right of renunciation
The client shall be entitled to notify the COMPANY that the client is abandoning the sale, without penalty and without having to specify the reasons, within seven working days starting from the day after the one when the ordered product is delivered.
This abandonment may not take effect, however, until the client has provided the COMPANY with electronic notification thereof (at the following address: ), and unless the product are still in their unsealed and undamaged packaging. The products have to be sent back within three working days after the renunciation has been notified.
The costs of sending back the products shall continue to be chargeable to the customer.
Any refund to the customer will be through bank transfer. For this purpose Customer will provide the IBAN and BIC by e-mail to the company.

ARTICLE 10 : Returning a non-conforming product
If the product delivered has an obvious defect, according to the client, or does not appear to comply with the order, the client should notify the COMPANY electronically about the irregularity (using the following address: ), within three working days after the delivery of the said product, and forward the said product, within this same period, at the client's own expense, by registered post, with a copy of the relevant invoice, to the following address : sàrl KIGA, Rue de la Halte, 16 à 8715 Everlange, Luxembourg.
As soon as it receives the returned item and is able to ascertain the irregularity pointed out by the client, the COMPANY may, according to choice, without being liable to any compensation or damages and interests, refund the client the price of the order as well as the return costs, or replace the product free of charge, sending it to the client within 10 days after the receipt of the defective or non-conforming product.
The COMPANY shall be obliged to refuse any returned product if the client has damaged it or already used it.
Any refund to the customer will be through bank transfer. For this purpose Customer will provide the IBAN and BIC by e-mail to the company.

ARTICLE 11 : Intellectual property
Any texts, comments, illustrations and images featured on the Company's site are reserved by way of copyright and intellectual property. Any reproduction in full or part without the consent of the COMPANY shall be formally forbidden. The sale of the Company's products does not involve any transfer or assignment of intellectual rights.

ARTICLE 12 : Disclaimer
That the products offered for sale by the COMPANY comply with Belgian law has been assessed by the manufacturers of the said products.
The COMPANY shall expressly remind the client that prior to using the relevant products, the client should refer to the information featured in the notice, or to their manufacturer's site to see if there are any counter-indications.
The client shall expressly relieve the COMPANY of any liability concerning any material or personal injury related to the use of the products sold.
The COMPANY may not be held liable in the unlikely event that these products fail to meet any legal or regulatory requirements in the countries where they are delivered.
Similarly, the Company's internet site may feature links to other sites without the COMPANY being held liable for the content of other related sites or any other product or service that may be referenced there.

ARTICLE 13 : Protection of privacy
The COMPANY shall comply with the current Luxembourg legislation in this area, on the protection of privacy with regard to the processing of personal data, as amended by the Luxembourg law.
The COMPANY shall undertake not to reveal to third parties information provided by its clients.
The information shall be used solely for in-house administration purposes and, in particular, without this declaration being regarded as exhaustive, so as to manage orders, deliveries, invoicing, the client's solvency and marketing.
The client may consult the information on the COMPANY site for 18 month's after the client's registration and the information shall then be archived and no longer available for consultation

A client who is registered on the Company's site may ask at any time to consult, correct or delete any personal information the COMPANY has recorded about the client on the Company's Internet site ("Your Profile") or

• By post, fax or e-mail :
KIGA sàrl
Rue de la Halte, 16
8715 Everlange
Luxembourg

Tel. + 352 266 135 33
Fax. + 352 266 135 32
From Monday to Friday by e-mail addressed to

ARTICLE 14 : Warning and confirmation by the client
The client shall acknowledge enjoying the legal competence to freely and validly enter into a contract and acknowledge that the products ordered are intended for the client's personal use.
When the products offered for sale are lenses, it should be stressed that the COMPANY is a contact lens replacement centre selling directly to a client wearing contact lenses.
As a replacement centre, the COMPANY sells only contact lenses that have been prescribed by a professional and that the client is used to wearing without any discomfort.
By confirming the order, clients also confirm that the contact lenses they have chosen are the same as the ones they ordinarily wear without experiencing any problems and for which they have a valid ophthalmologist's prescription issued no more than 12 months earlier.
Client's are urged to have their eyes tested regularly by a specialist and carefully follow the expert advice about the proper use of contact lenses.


ARTICLE 15 : Applicable law and jurisdiction in the event of a dispute
These general conditions are governed by Luxembourg law.
In the event of a dispute the parties shall seek, in good faith, a friendly agreement thereto.
Should the dispute continue, any challenge whatsoever shall fall within the exclusive jurisdiction of the courts.
When the COMPANY is the plaintiff, it shall reserve the right to institute proceedings before the court in the jurisdiction of the main registered office, or the place of business or residence of the client.


IF YOU SHOULD FEEL ANY INEXPLICABLE DISCOMFORT, WATERING OF THE EYES, SUDDEN CHANGES IN VISION OR RED EYES, REMOVE YOUR CONTACT LENSES STRAIGHTAWAY AND CONSULT AN OPHTHALMOLOGIST BEFORE WEARING YOUR CONTACT LENSES AGAIN.



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