These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use this Website. Any order and subsequent purchase of Goods (as defined below) or services from https://yayoptics.com/ shall be governed by the following terms and conditions. Please read them carefully. They should be read in conjunction with our Privacy Policy.
Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by email Customerservice@yayoptics.com Monday-Friday. These terms and conditions do not affect your statutory rights as a consumer.
1.0 Customer Obligations: Orders for Goods
- Orders to yayoptics.com must be submitted either via our website at www.yayoptics.com.
- Submission of an Order represents an offer to purchase Goods from yayoptics.com, and we may confirm receipt of this offer via email (if the Order is placed via the Site).
- Prescription Glasses orders are only accepted by us once your payment has been processed, and they have been reviewed and authorized by our team. In the case of non-prescription goods 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.
2.0 By submitting your order to yayoptics.com 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 or have been advised by your Optician); and
- You will supply accurate details of your current prescription (including any notes on the prescription) when requested.
- You have notified us in writing of any eye conditions of which you are aware.
- That all details regarding payment and delivery provided when placing the order are correct and up to date.
- In the event of you not providing a Pupillary Distance (PD), you understand that we will not process your order(s).
3.0 Our Obligations: Supply of Goods
- We will make a reasonable effort to ensure that all Orders are fulfilled; however, we cannot guarantee the availability of Goods. If the Goods you have ordered are unavailable, we will attempt to contact you to give you a choice to receive an alternative or a refund. If we are unable to contact you after 14 days, your Order will be cancelled, and you will be given a full refund.
- On the advice of our Lab, we have absolute discretion as to whether to accept your Order.
- If considered necessary or appropriate before an Order is accepted, our Lab have absolute discretion:o to request that you send us a copy of your written prescription; o to request that you contact, the optician who provided your prescription to verify and/or discuss your prescription; o to request that you obtain a new written prescription from your optician.
- We will make reasonable efforts to ensure your Goods are dispatched to you as quickly as possible after placing your order.
- We may use alternative carriers at our discretion.
- We reserve the right to change the pricing for delivery from time to time.
- You will be notified by email at the time your Goods are dispatched.
- 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.
- Customers should promptly inspect goods delivered to them to satisfy themselves that any goods delivered to them are as expected.
5.1 Failed delivery
We cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the details you have supplied, nor for any damages or delays by any delivery service arranged by you.
5.2 Delivery Schedule
Single Vision Glasses (Distance or Reading):
Frames with single vision lenses will usually be dispatched between 5-7 working days from point of order.
Delivery times may be longer for complex prescriptions.
6.0 Returns (of Goods)
Please see our Returns Policy for full details on dealing with returns.
6.1 Your right to cancel
You have the right to cancel the contract for the purchase at any point from the time of ordering until fourteen calendar days after delivery. If we’ve already shipped your order, you’ll need to package the items and send them back to us.
To cancel or return your order, you must notify us within 14 days of receipt of the Goods – please email: Warranty@yayoptics.com
6.2 Returns Policy
You may return, exchange or receive a refund on your glasses if you are unhappy with them for any reason, providing that the following conditions are met:
- The returned glasses need to reach us in the same condition in which you received them, within 14 days of receipt.
- You have included the returns authorization form (sent with your original order) with your returns package.
- Postage fees incurred for returning glasses to us will need to be covered by the sender.
- Returns MUST be unused and in their original condition and packaging and with all the accessories included in your packaging (e.g. cases and cloths). You may be charged for any unreturned items.
- When returning your glasses, we recommend that you use a tracked/signed for delivery service as we are unable to take responsibility for packages lost in post. Your statutory rights in relation to returns and refunds are not affected.
6.3 Refunds
Refunds will be offered on the following basis, providing the returns criteria described above have been satisfied.
Your right to a refund does not apply to Prescription Lenses as they are bespoke, made to measure and made to your specification. This doesn’t affect your statutory rights if goods are faulty or not as described.
Frames with Bespoke Prescription Lenses – Due to the personalized nature of eyeglasses, prescription and individual measurements provided we provide a 50% refund.
We will refund you in the method that payment was made, no later than 30 days after the day we receive back from you the goods supplied.
Refunds for products purchased under a promotional offer will be based on the terms of the promotional price.
6.4 Faulty Products
If your products arrive damaged or they are faulty, you may return them and obtain a refund or replacement product by going through the Returns process described above.
6.5 International Returns
Returns made from outside the United States of America are accepted if the following conditions are met:
- The returned glasses need to reach us, in the same condition in which you received them, within 14 days of receipt.
- You have included the returns authorization form (sent with your original order) with your returns package. Returns must be unused and in their original condition and with all the accessories included in your package (e.g. cases and cloths). You may be charged if you don’t return all the items sent to you.
- Postage fees incurred for returning glasses to us will need to be covered by the sender. When returning your glasses, we recommend that you use a tracked/signed for delivery service as we are unable to take responsibility for packages lost in post.
- To cancel or return your order, you must notify us within 14 days of receipt of the Goods – please email: Warranty@yayoptics.com
7.0 Use of the website yayoptics.com:
Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Registration
You warrant that:
- The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our Rights
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.
Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Recommendations
When you use our website, you’ll see that we offer you recommendations, showing products, we think you might like and could perhaps miss when you’re browsing the site.
Please see our Privacy Policy if you’d like more information on how we use your personal data to recommend products to you.
8.0 General terms
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times our property. You are permitted to use this material only as expressly authorized by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses orbugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our
negligence or that of our servants, agents or employees.
SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
SURVIVAL
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
9.0 Entire Agreement
These Conditions govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
10.0 Governing Law
The Conditions shall be governed by and construed in accordance with the laws of Florida, and you irrevocably submit to the exclusive jurisdiction of the courts of Florida.
