SHOP TERMS & CONDITIONS
Thank you for visiting this website, an R. Mathieu (Opticians) Ltd’s website (the "Site"). The Site is designed by us, Mathieu Opticiens, ("we" and "us"). We want each visitor to the Site ("you") to read and comply with the following Shop Terms and Conditions.
Product based conditions:
Make sure that you read and abide to the terms and conditions before submitting any order. If you are confused or think that there is a mistake about your order, please contact us to discuss.
LIMITATIONS OF SUPPLY OF GOODS
While we make every effort to ensure that the products shown on our website (the “Goods’’) are currently available, we cannot always guarantee the availability of Goods as set out. We will inform you by e-mail as soon as possible if the Goods you have ordered are not available and we will not process your order if made. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
PURCHASE OF CONTACT LENSES
When ordering please make sure that, the contact lens specifications transmitted in your order is valid, corresponds to the most recent fitting carried out by a registered eye care professional and is not more than one year old. Optimal use of contact lenses is assured if the wearer is familiar with the care and handling of contact lenses and regularly takes part in the necessary eye examinations, in order to prevent any damage to his or her eyes.
OUR FRAMES AND LENSES GUARANTEE
Mathieu Opticiens guarantees your new optical equipment (lenses and frames), against manufacturing defects and/or hidden material defects under normal conditions of use, for 1 year from the date of purchase from us. This guarantee does not cover the damage caused by the wear and tear of everyday use, or the damaged caused by sudden force or impact. Breakage and scratches are excluded from these guarantees.
In case of unsuitability of your new lenses, Mathieu Opticiens may replace them.
This adaptation warranty only applies:
(i) To all progressive lenses, including Progressive lenses of Varilux® brands and prescription single visions lenses; and
(ii) When you express any difficulties of adaptation persistent despite a regular wearing of the equipment as recommended by your eye care practitioner.
This adaptation warranty is subject to (a) your written notification to us of the difficulty of adaptation, within a maximum period of sixty (60) days from the completion of delivery and (b) the provision by you of all the information necessary for our analysis of the difficulty of adaptation.
If the cause of the difficulty of adaptation imposes a modification of the equipment despite our support, Mathieu Opticiens will replace them, once, with a more satisfactory equivalent solution, from the reception of the non-fitting lenses.
For the avoidance or doubt, this adaptation warranty does not cover broken, lost or stolen equipment and does not cover measurement errors, mistakes or any other damage caused by third party.
We are at your disposal to carry out free of charge maintenance of your glasses: adjustment, fitting and cleaning. The replacement of nose pads is free of charge for one year following the purchase of your equipment.
PRICES AND PAYMENT
The price of the Goods will be set out according to our price list in force on our website at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
You can choose between “click and collect in-store” or for “home delivery” (chargeable delivery option). In both cases, please note that timescales for delivery will vary depending upon the availability of the Goods. We will contact you to confirm delivery date. Delivery of an Order shall be completed when we deliver the Goods to the address you provided. The Goods will be your responsibility from the completion of delivery.
RETURNS AND REFUNDS
You must notify us immediately after receiving your order, if the products are faulty or damaged. Returns must be in original unused and unworn condition and with all accessories (e.g. cloths, cases, etc).
We promise to create all products to match the prescription you provide us with. However, if you find a problem with the lenses, we advise you to return the product to us along with a copy of the prescription used for the order and we will investigate the problem. If it is found that we are at fault, we will happily repair or replace the lenses, free of charge. If the prescription details you provided us with are incorrect, we are unfortunately unable to offer a refund for the lenses.
If exchanging to a product of a lower value the price difference will not be refunded. If exchanging to a product of a higher value the price difference will be due.
You hereby certify that you have a valid prescription for the contact lenses or glasses that you are ordering. You represent and warrant to us by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care practitioner. You understand that we will not fulfil your order unless you have a valid prescription.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other materials (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All such rights are reserved.
You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
You may not infringe any of the intellectual property rights associated with the creation, manufacture, design, branding and packaging of any products or services advertised on the Site.
Mathieu Opticiens trade name, or any other trade marks (whether unregistered or registered) set out on our site are the intellectual property rights of Mathieu Opticiens, and must not be used or reproduced without our prior written consent.
By accepting our Shop Terms and Conditions, you are willingly waving your right of withdrawal. Once we have started processing your order, you will not be able to cancel same.
AVAILABILITY OF ADVICE
Our team shall assist your via the virtual advice platform to answer any questions you may have about your equipment.
- First Name, Family Name
- Invoice and Delivery Address
- E-Mail Address
- Invoice and Payment Data
- Date of Birth
- Telephone Number
You agree to provide true, accurate, current and complete information about yourself as prompted.
Should you purchase contact lenses or corrective spectacles from us, we also gather and store your lens prescription.
The Content in this Site this is from internal and external sources to the best of our knowledge and belief, using professional diligence. The information on the Site is purely for the purpose of presenting our products and services. HOWEVER, NO REPRESENTATION IS MADE OR WARRANTY GIVEN, EITHER EXPRESSLY OR TACITLY, FOR THE COMPLETENESS OR CORRECTNESS OF THE CONTENT ON THIS SITE FOR ANY PURPOSE. Please be aware that this information although accurate on the day it was published may no longer be up to date. We therefore recommend that you check any information you obtain from the Site prior to using it in whatever form. Should you require any advice or instructions concerning our products or services, please contact us directly.
LIMITATION OF LIABILITY
You use the Site under your exclusive responsibility and are solely responsible for the data as stored by Mathieu Opticiens by virtue of these Shop Terms and Conditions.
Unless otherwise expressly provided herein, Mathieu Opticiens does not warrant that the operation of Site will be uninterrupted or error free, and you acknowledges that the Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities
We will not be responsible for any loss, damage and increases in costs or other expenses relating to conduct that is your responsibility.
You acknowledge and agree by your use of this Site to assume full responsibility for all risk associated with your use of this site.
Except to the extent permitted by law, we exclude:
(i) any term, condition or warranty that may otherwise be implied by custom, law or statute;
(ii) any liability for loss caused by our negligence;
(iii) any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (a) the use of or inability to use the site, (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site; or (v) any other matter relating to the service.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
These terms are effective until terminated by either party. If you no longer agree to be bound by this Shop Terms and Conditions, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
Any claim relating to the Site, the services provided through the Site or the Content (a "Claim") shall be governed by the Mauritius Law, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mauritius and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.