Terms of service

WEBSITE TERMS AND CONDITIONS – KIMEZE


ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE WEBSITE AT www.kimeze.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT ("Agreement").

 

PERSONAL DATA:

You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with, and by agreeing to this Agreement you expressly agree to the terms of, our Privacy Policy.

 

Contracting parties.

  1. The Site and all content, data and other materials contained on the Site (“Content”) are owned or controlled by Kimeze Enterprises Ltd, a company incorporated in England with its registered office at 2 Old Bath Road, Newbury RG14 1QL, UK (“we” or “our” or “Kimeze”). When you register with (or otherwise access) the Site, you are contracting with Kimeze You must be at least 16 years old to register with the Site (and, if you are under 18, you should obtain the permission of your parent/guardian before you register).

 

Passwords.

  1. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via hello@kimeze.com and we will close your account as quickly as possible. Please note that you will be responsible to Kimeze and to others for all activity that occurs under your registration account.

 

The Kimeze Service.

  1. Kimeze is an online retail service offering eyewear and related products and services to consumers (“Service”). The Service is available for free to browse wsubject to this Agreement and the terms posted on the Site from time to time. You must register with the Site before placing any order for products or services (“Order”).

 

Purchasing Products.

  1. By placing an Order, you are offering to purchase healthcare products (including prescription glasses, contact lenses, sunglasses and related products, each a “Product”). The display of Products on the Site constitutes an advertisement (not an offer) and offer to purchase made by you is subject to this Agreement and any specific terms noted on the Site when complete your Order. You are responsible for ensuring that your Order is complete and accurate. After you place an Order, you will receive an email confirming acceptance. If your offer is accepted by us, the result will be a binding contract. If the amount offered or paid is obviously incorrect, regardless of whether it is an error on the Site or otherwise communicated to you, then we reserve the right, in our sole discretion, to cancel your Order and refund to you the amount paid if any. This policy will apply regardless of how the error occurred. Please note that the images of Products on the Site are for illustrative purposes only and, although we endeavour to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Product(s). If you do not receive an Order confirmation from us (or if you receive an error message or discover an error in the information provided), please contact us immediately via hello@kimeze.com to ensure your transaction was completed and that your information is correct. We shall not be responsible for transactions not completed or for assumptions that a transaction was completed even though you did not receive a confirmation of your Order.

 

Prescription Products.

  1. By Ordering any prescription Product, youwarrant and represent that: (i) you have a valid current lens specification which has not exceeded the expiry date annotated on it and which has been issued by a registered optician or practitioner for the lenses which you are ordering; (ii) the data you provide concerning the condition of your eyes corresponds to the data found on your current lens specification; (iii) you consent to us contacting your optician or lens practitioner to verify your lens specification (if required) and that, if the verified details do not match those provided by you, we will be unable to complete the Order until you complete an eye test with an optician or lens practitioner (or, if for any reason you do not wish to undergo an eye test, you may cancel the Order); (iv) you know of no reason why the prescription lenses you are Ordering would not be appropriate for you; (v) you are not experiencing any discomfort with the prescription lenses you are currently prescribed to wear; (vi) your Order constitutes a request for prescription lenses for you (and no other person); and (vii) you are not registered blind or partially sighted

 

Payments.

  1. Payments may be made by credit/debit card using Visa or MasterCard (and other payment methods offered from time to time as detailed on the Site). All transactions are charged on a pre-authorised basis. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to your and that there are sufficient funds or credit available to cover the preauthorised charges and at the point the card is charged. Please note that international payments and certain payment methods may incur higher payment processing costs. Orders are processed only after a billing address, and/or other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an Order that can delay processing and delivery. In such cases, we may attempt to contact you using the information provided at the time of purchase. If we are unable to reach you after an initial attempt, we may cancel your Order without further notice or attempted notice to you. Information sent to the email address you provide shall be deemed as delivered to you, regardless of whether you check your email, provide an incorrect address, or if the message is marked as “spam.”

 

Delivery.

  1. Your Products will be delivered to you as indicated at the time of purchase. We are not able to specify the exact date of delivery in every case so please allow as much time as possible for your Products to arrive. Kimeze shall not be responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate address. If you have not received your Products five (5) days after the stipulated delivery date, please contact us at hello@kimeze.com.

 

Refunds and Cancellations.

  1. Kimeze will normally provide a full refund or replace the Product(s) if: (i) the Product(s) are supplied to the wrong prescription or specification (subject to the specific warranty terms of the Product); (ii) the Product(s) are delivered in a materially damaged condition; (iii) the Product(s) do not arrive at the delivery address specified by you on the Order within 21 days of the stipulated date; (iv) the Product(s) are returned to us by our designated delivery service as undeliverable; or (v) you exercise your cancellation right by notifying us within the 14 day “Cooling-off period”. In such circumstances, we may issue a refund or replacement following our receipt of the returned Product(s). We will refund or issue a replacement only if the Product(s) are returned to us in good and saleable condition and accepted by us within thirty (30) days. If we do not receive the Product(s) thirty (30) days of the date we receive your notice of cancellation, we make a charge in respect of collecting the goods from you and/or you will be deemed to have accepted the Product(s).  Kimeze does not accept returns on sale items or gift cards. Nothing in this Agreement is intended to affect your statutory rights.

 

Termination of this Agreement.

  1. We may at any time terminate your access, your subscription or this Agreement generally, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You may request a withdrawal of any item(s) of your content uploaded to the Site at any time by email to hello@kimeze.com We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.

 

Liability.

  1. You agree that the liability of Kimeze to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GBP£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Kimeze.

 

  1. To the extent permitted under applicable law in your territory, ALL KIMEZE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Kimeze, makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties' website to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects. the use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties' or provider’s website, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities. PLEASE NOTE: we shall not be liable or responsible if your eyes do not tolerate any contact lenses, glasses, sunglasses or any related goods and accessories ordered by you except where this is caused by our negligence.

 

Indemnity.

  1. You agree to indemnify us for any loss or damage that may be incurred by Kimeze, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify us for all loss or damage incurred by Kimeze in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.

 

Complaints.

  1. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via hello@kimeze.com. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via hello@kimeze.com (making sure to include both the Uniform Resource Locator ("URL") for the non-complying content and the reasons you believe it does not comply).

 

Content.

  1. The Content is intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Kimeze, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.

 

 

Trade Marks.

  1. The brands, products and service names used in the Site and the Content (including without limitation, "Kimeze”) are trademarks or trade names of Kimeze or its trading partners unless otherwise stated.

 

Hacking.

  1. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud Kimeze or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

 

No Partnership.

  1. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

 

Entire Agreement.

  1. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

 

Force Majeure.

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

 

Severance.

  1. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

 

No Waiver.

  1. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

 

Variation.

  1. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.

 

Law and Jurisdiction.

  1. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.

 

Contacting Us.

  1. If you have any questions, please contact us at the following address: Kimeze Enterprises Ltd, 2 Old Bath Road, Newbury RG14 1QL, UK, or email us at hello@kimeze.com.