These General Terms and Conditions apply to all the agreements concluded by 123Optic. These conditions prevail over any written or printed terms and conditions of the buyer. By placing an order the buyer declares to agree with the present terms and conditions. Deviations or additions to these conditions shall only be valid if accepted in writing and in advance by Lens Service.
2. The offer
2.1. If an offer has a limited validity or is subject to certain conditions, this shall explicitly be mentioned in the offer.
2.2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is detailed enough to allow consumers to form a precise and detailed idea of the offer. If 123Optic uses images, these should be faithful representations of the products, services and/or digital content offered. Manifest oversights or mistakes in the offer are not binding for 123Optic.
2.3. Every offer contains the information required to make it clear to consumers which rights and obligations are connected to the acceptance of the offer.
3.1.Orders are placed online on the website www.123Optic.com, by e-mail or by phone. The buyer will receive a confirmation and an overview of his order by e-mail, as well as an overview of the general terms and conditions.
3.2.All quotes issued by 123Optic on the website are free of commitment. They only become binding when the order is confirmed on the website and after receiving an order confirmation for the order placed by e-mail from 123Optic.
4.1.For shipments within the Belgium , Netherlands and Luxemburg 123Optic charges an amount of €3.90 per shipment. For shipments in France we charge €4.90. Shipments in other European countries are at €12.90 per shipping. Benefit from FREE shipping for every order above 99 Euro (shipping costs not included).
4.2.Deliveries are made only after the payment is received.
4.3.Most products can be delivered from stock. The indicated delivery period is only indicative and not binding. Delays in the delivery can never give rise to a compensation or dissolution of the agreement by the buyer. Neither does the buyer have the right to suspend any of his obligations vis-à- vis 123Optic in that case. In case of force majeure 123Optic either has the choice to cancel the agreement withoutintervention of the court, or to suspend the time of delivery until the time when the force majeure ceases to exist, without the buyer being entitled to claim any compensation from 123Optic.
4.4.If the buyer does not meet any one of his obligations vis-à- vis 123Optic pursuant to the agreement, 123Optic will be entitled to suspend any further deliveries and services.
4.5.The buyer will receive an invoice upon delivery.
The prices of the 123Optic products are mentioned on the website and are guaranteed by 123Optic, except in cases of force majeure. Prices are expressed in euro and are inclusive of VAT 21%. Delivery costs are not included. Please refer to article 4 for shipment costs.
6.1.Payments are made online, by transfer or in cash at one of our branches. Online payments are secured and take place on a secure server. In case of payment by wire transfer the products will be delivered once the payment is received.
6.2.The buyer is not authorised to reduce the purchase price by any amount of a counterclaim he may have on 123Optic. Set-offs are therefore excluded.
6.3.Discounts shall not be accepted, unless explicitly indicated otherwise on the website.
7.1.Complaints in relation to the non-conformity of the delivery and visible defects shall be reported immediately at the time of delivery in writing or by e-mail. Failing to do so shall make any complaint inadmissible. Complaints based on hidden defects of the delivered items or the services provided or on the basis of hidden non-conformities shall be reported by means of registered letter within 14 days of discovering the defect. Failing to do so within this time frame shall make the complaint inadmissible.
7.2.Lodging a complaint does not relieve the buyer of his payment obligations. A return shipment must be carriage paid and without costs for 123Optic and shall only be accepted by 123Optic if prior written approval was granted.
7.3.Our contact details:
Lens Service BVBA
9. Settlement of disputes
In case of an out-of- court settlement of the dispute the Consumer Mediation Service of the Federal Government is competent to receive applications for out-of- court settlements of consumer disputes. It will either handle the request internally or forward it to another qualified entity. The Consumer Mediation Service can be reached on this link: www.consumentenombudsdienst.be/en. For cross-border disputes you can also address the Online Dispute Resolution platform of the European Union via this link: https://ec.europa.eu/odr
10. Liability - warranty
10.1.123Optic delivers the products based on the data provided by the buyer to 123Optic. 123Optic assumes that the buyer’s eyes are regularly, and preferably every six months, checked by an ophthalmologist or contact lens specialist. By accepting these general terms and conditions when the order is placed, the buyer explicitly confirms that the above is the case.
10.2.The quality and usability of the products delivered by 123Optic is indicated on the manufacturer’s CE product information. The products delivered by 123Optic are contained in the manufacturer’s packaging. The buyer agrees to read the instructions and conditions of use of the manufacturer prior to theuse of the products and, in case of doubt, to contact the manufacturer before using the products.
10.3. 123Optic is not responsible for any technical defects in the packaged goods or incorrect information in the manufacturer’s conditions of use. Lens Service is not responsible for the tolerance and suitability of the products and the possible negative consequences resulting from their use for the eye. Neither can 123Optic held responsible for a defect or damage due to inadequate care, insufficient specialised follow-up, incorrect observance of the instructions and conditions of use provided by the manufacturer or inattentiveness or carelessness.
11.1. The personal information (the “Personal data”) provided by the buyer in the context of an order placed at 123Optic will be saved in an automated customer file in accordance with the applicable legal provisions.
11.2. By placing an order with and providing Personal Details to 123Optic, the buyer grants 123Optic permission to process these Personal data.
11.3. Lens Service BVBA, company under Belgian law, with registered office at Textielstraat 26, B-8790 Waregem, is responsible for processing the personal data which are collected via the website.
11.4. This information can be used by 123Optic for the purpose of publicity, to provide information to the buyer and to follow up orders. 123Optic collects, stores and processes the title, name, sex, e-mail address, postal address, delivery address, phone number, mobile number, payment data, payment card and/or bank data as well as information with regard to previous purchases of the buyer.
11.5. These data shall not be disclosed to third parties, except in case of a legal obligation to do so. 123Optic shall, however, be entitled to pass these data on to its group companies.
11.6. 123Optic took all the necessary measures to avoid unauthorised or unlawful access to these data. The data are only saved insofar as necessary for the purposes for which they were collected.
11.7. The buyer is entitled to object, free of charge, to the fact that data are used for direct marketing applications. The buyer can request access to and consult the data stored by 123Optic. The buyer is entitled, free of charge, to delete or adjust the data. To this end the buyer can address a written request to Lens Service BVBA, Customer Service, Textielstraat 26, B-8790 Waregem (E-mail: <info@123Optic.be>).
12. Returns / right of withdrawal
12.1. In accordance with book VI of the Belgian Economic Law Code and the information and protection of consumers, the buyer has a right of withdrawal. All non-personalised items (spheric, toric and multifocal contact lenses) can be returned by the buyer, without stating a reason, within fourteen working days after receiving the order. In this case the buyer will notify 123Optic of his intention to return the product, within three days. Any shipment instructions provided by 123Optic shall be strictly observed. The buyer will receive a refund of the purchase price of the product within two weeks after the returned goods arrived back, provided 123Optic received the goods with adequate postage and within the set time limit. Click here for a European standard withdrawal form.
12.2. No refunds can be claimed if the product has been used, if the packaging is damaged or the order was opened and/or not returned in the original packaging. Fourteen days trial period does not apply to personal products, including toric or personal lenses (hard lenses, year lenses, etc.) which are made especially for the buyer.