Terms and conditions

General Terms and Conditions and Customer Information of Vision Group AG for the Online Shop under the Domain mclinsen.ch

§ 1 Provider and seller
Vision Group AG Riedwiesenstrasse 23, 8305 Dietlikon, SWITZERLAND Company number: CHE-390.145.890 in the Commercial Register Office of the Canton of Zurich VAT no. Switzerland: CHE-390.145.890 VAT Managing Directors: Simon Virlis

§ 2 Scope of application, contract language
2.1. The following General Terms and Conditions ("T&C") in the version valid at the time of your order shall apply exclusively to all orders placed by you via this online store. Deviating terms and conditions shall not apply unless we expressly agree to them.
2.2. The language available for the conclusion of the contract is exclusively German.

§ 3 Conclusion of contract
3.1. The assortment presented in the online store does not represent a binding offer to conclude a purchase contract. Only your order is a legally binding offer to us to conclude a purchase contract.
3.2. You can select products from the range of the online store and collect them in a virtual shopping cart via a button labeled "Add to cart" or similar. At any time you can view the contents of the shopping cart by clicking on the shopping cart button and change them using the functions provided for removing or adjusting items. After pressing the checkout button, you have the option to enter or select your billing address, a shipping address, the payment method and the delivery method. This data can be viewed on an overview page and adjusted using the "Edit" function or the selection options provided. Also here you can view the selected items and change them through the provided functions to customize items. By sending the order via the order button (e.g. "Order subject to payment") you make a binding offer to purchase the goods in the shopping cart.
3.3. We will confirm receipt of your offer by means of an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out using the print function provided by your terminal device. The automatic confirmation of receipt merely documents that we have received your order and does not yet constitute acceptance of the offer.
3.4. A purchase contract for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation), or when we ship the goods to you - without prior express declaration of acceptance - or when we request payment after you have placed your order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. Your request can only be accepted by us up to the point in time in which you can expect the receipt of the answer under regular circumstances (Art. 5 CO). Exception: for payment in advance and PayPal, the acceptance of the order occurs immediately with your order.
3.5. Only orders in commercial quantities from private consumers of legal age will be accepted.

§ 4 Storage of the contract text
The contractual provisions with details of the ordered goods and/or booked services will be sent to you in text form (e.g. e-mail, fax or letter) after you have sent your order together with these GTC and the cancellation policy. We do not store any data beyond this.

§ 5 Prices and terms of payment
5.1. All prices stated in the online store are total prices including the applicable statutory value added tax.
5.2. Any additional delivery and shipping costs will be indicated separately in the respective product description and in the order form.
5.3. In the case of a delivery to countries outside the European Union, further costs may be incurred in individual cases, which are to be borne by the customer. These include, for example, costs of monetary transactions (e.g. transfer fees, costs for foreign currencies) or import duties or taxes (e.g. customs duties and import VAT).
5.4. The payment options will be communicated to you in the online store. Payment can be made either by credit card, PayPal, Sofortüberweisung or on account. The selection of the respective available payment methods is incumbent upon us.
5.5. If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main, which we authorize to collect receivables on our behalf. BSPAYONE GmbH collects the invoice amount from your specified credit card account. The credit card will be charged immediately after sending your order in the online store. Even if you choose to pay by credit card via BS PAYONE GmbH, we remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
5.6. If you use the payment service provider "PayPal", the payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that you open a PayPal account or already have such an account.
5.7. Insofar as we offer the payment method purchase on account, if this payment method is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed.
5.8 Costs in the event of late payment: processing fee (at the earliest after two written reminders after the invoice date, when handed over to collection service manager) according to www.fairpay.ch

§ 6 Delivery and shipping conditions
6.1. Delivery is made within the countries or delivery areas mentioned in the respective offer or online store.
6.2. The goods will be shipped by mail or parcel delivery to the delivery address provided by you, unless otherwise agreed.
6.3. We reserve the right to make partial deliveries when ordering several products, as far as this is reasonable for you. In this case, the shipping costs will be charged only once.
6.4. If delivery fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result.

§ 7 Retention of title
The goods remain our property until full payment.

§ 8 Guarantee
You are entitled to the statutory guarantee and defect liability rights, in particular for material defects under Art. 197 ff. CO.

§ 9 Liability
9.1. We shall be liable without limitation for damages caused by intent or gross negligence, including intent or gross negligence of our representatives or agents.
9.2. Liability for culpable injury to life, limb or health shall also be unlimited in all cases; this shall also apply to liability under the Product Liability Act.
9.3. Any further liability is excluded. Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.

§ 10 Voluntary right of return and exchange
10.1. In respect of unopened [and unmarked] packets of contact lenses and/or lens-care products, we voluntarily grant you a 30-day returns period in addition to your statutory right of cancellation. Packets of contact lenses and/or lens care products which have already been opened cannot be exchanged or returned.
10.2. Customer satisfaction is our utmost priority. In the event that your prescription changes, we therefore offer you a free exchange within 1 year. The exchange applies only to the same product (for example Air Optix Aqua with power -3.00 to new power -3.50). Postage costs will be charged for the newly ordered items. Opened blisters (packages of individual lenses) or change from spherical to toric or multifocal lenses cannot be exchanged.
10.3. Your statutory rights, in particular the warranty rights of withdrawal, shall remain unrestricted and independent of this voluntarily granted right of return and exchange.

§ 11 Customer service
If you have any questions, complaints or claims, please feel free to contact our customer service. You can reach this by telephone at Hotline 043 55 00 555 or by email at [email protected]. We will process your request as soon as possible.

§ 12 Voucher redemption
12.1. Vouchers are only valid for the period indicated and may only be redeemed once in the course of an order process per household. Individual brands may be excluded from the vouchers.
12.2. The value of the goods must at least equal the amount of the voucher. For administrative reasons, it is not possible to refund any remaining credit.
12.3. Vouchers may only be redeemed before the order process is completed. It is not possible to subsequently offset vouchers. The value of a voucher will not be paid out in cash, nor will interest be paid on it. It is not possible to combine several vouchers together.
12.4. If the value of the voucher is insufficient for the order, the difference may be made up by the payment methods offered. If the voucher was issued as part of an advertising campaign and no consideration was given for it, it will not be refunded in the event that some or all of the goods are returned.
12.5. Where you have used a voucher to make your purchase, we reserve the right to charge the original price of the goods kept by you if – due to cancellation by you – the total value of the order is less than the relevant value of the voucher.

§ 13 Privacy
Information on data protection and your rights can be found in the data protection notices.

§ 14 Special additional information when buying contact lenses and care products
When buying contact lenses, it is essential to pay attention to the following instructions:
14.1. The contact lens values transmitted by your order must match the information from a fitting performed by an ophthalmologist or optometrist and must not be older than one year.
14.2. Optimal use of contact lenses is achieved when the wearer is familiar with the handling and care of contact lenses and regularly attends the necessary ophthalmological check-ups to avoid damage to the eyes.
14.3. Please read the package inserts for risks and side effects of contact lenses and care products. If complications or discomfort arise from wearing contact lenses, you should remove the contact lenses immediately and consult an ophthalmologist or optometrist without delay.

§ 15 Applicable law
15.1. Contracts between us and you shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
15.2. The place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.

Status: June 2023