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Hello, and welcome to WALDO.
Please read these Terms of Service carefully before using www.hiwaldo.com (the "Website") and the services, features, promotions, credits, content, applications, or products offered by Ainsly Limited ("we", "us", "our" or "WALDO") (together with the Website, the "Services") in the United Kingdom, Sweden and the European Union. These Terms of Service set forth the legally binding terms and conditions for your use of the Website and the Services and your purchase of the subscriptions sold through the Services.
Note that your use of the Services is also subject to our:
(b) Cookies Policy, which explains how we handle cookies or other device identifiers collected when you access the Services.
1. Accessing the Services
2. Permitted use
You may use the Services solely for your personal use, provided that your use does not damage our reputation or in any way suggest any form of association, approval or endorsement on our part where none exists. Use of the Services for any commercial or business purpose is not permitted.
You must not use the Services for any purpose that is unlawful or prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You agree that you will:
(a) take reasonable precautions against viruses or other damaging properties (such as using your own virus protection software);
(b) not seek to copy, reproduce, modify or tamper with the Website in any way;
(c) not damage or affect our Website systems or security or interfere with other users, or restrict or inhibit anyone else's use of the Website or rights in connection with the Website;
(d) not use the Website to transmit any material that is defamatory, offensive, unlawful or otherwise objectionable;
(e) not collect data from our Website or our systems or attempt to decipher any transmissions to or from the servers hosting our Website; and
(f) not access and/or use the Website or content made available through the Website, for any business or commercial purpose whatsoever.
3. Intellectual property rights
All content and material made available on or through the Website and the Services, including but not limited to text, graphics, software, photographs and other images, videos, sound, trademarks and logos and in the design or packaging of our products (collectively, the "Content") are owned by us or our licensors and are protected by United States and international copyright laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services. All Content is the property of WALDO or its third party licensors. You have no rights in, or to, the Content, except where we state otherwise. We reserve all other rights to the Content not expressly granted in these Terms.
If you would like to request authorization to use the materials or content on the Services, please contact us at firstname.lastname@example.org.
4. Website content
There may be instances in which you upload content to the Website. If you upload any content to the Website you confirm that:
(a) you own the content or you have the legal right to use the content;
(b) use of the content will not breach any other person's rights; and
(c) you are solely responsible for the content and the consequences of publishing it.
If you upload any content that we reasonably consider to be offensive, harmful, inaccurate, unlawful or inappropriate, we may remove or alter this content or take any other action we decide is appropriate.
5. No medical or healthcare advice
WALDO is not a healthcare provider and does not render medical advice or services. By using the Services, you acknowledge and agree that the information on our Website or otherwise provided to you is for informational purposes only and should never be used as a substitute for the advice provided by your eye care professional or any other medical or healthcare professional. You should instead always consult your eye care professional or other medical professional before making any medical decisions. The communications between our employees or agents and you, whether on the Website or through emails or other direct forms of communication, do not create a medical professional−patient relationship in any respect.
Upon your request, we might refer you to eye care professionals in your area who can fit you for WALDO lenses. These eye care professionals are not our employees or contractors and WALDO is not a healthcare provider. As any relationship between you and any eye care professional you visit is completely independent of WALDO, you acknowledge that WALDO is not liable for any loss or claim that you may have against any such eye care professional. You are responsible for the costs of visiting any eye care professional to be fitted and prescribed to WALDO lenses.
6. Placing an order
WALDO contact lenses (the "Contacts") are sold to you in accordance with the Subscription Plan (as defined below) you select when signing up for the Services. WALDO Blue Light Glasses (“Glasses”) are sold to you on a one time purchase option when you sign up for the Services. The Contacts and the Glasses are collectively referred to as “the Products”.
Title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received. By placing an order, you confirm that:
Our Website will guide you through the process you need to follow to select a Subscription Plan and before continuing to the checkout page, you acknowledge that by checking out you confirm both that your prescription is up to date and that you agree to these Terms. Your order will be placed when you click on the "Complete Order" button at the end of the checkout process. Once we've accepted your order and your payment for the order has been processed, we will confirm our acceptance by sending you an email confirmation that your order has been processed (the "Order Confirmation"). Your Order Confirmation will include your order number. Should you need to contact us about your order, please use this order number because it will help us track your order.
(a) you are at least 18 years of age and legally capable of entering into a binding contract;
(b) you have a valid lens prescription for the Products that you wish to order, which has been issued to you by a qualified eye care professional;
(c) the prescription details provided match in all respects with the prescription issued to you by your qualified eye care professional and all other information provided in placing your order is complete and accurate in all respects;
(d) your prescription has not expired (and is not due to expire during the period for which the Products have been ordered) and is not more than 12 months old;
(e) you consent to us contacting your prescribing eye care professional to verify your prescription details or obtain a duplicate copy of your prescription;
(f) the Products in your order are for your own use only;
(g) you are not registered as blind or partially sighted;
(h) you will use the Products strictly in accordance with the information and instructions provided with the Product and any advice provided by your eye care professional;
(i) you will discuss any queries relating to your prescription or your use of the Products with your prescribing eye care professional and will attend aftercare appointments as directed by your eye care professional;
(j) you will renew your prescription in strict accordance with your eye care professional's instructions and will inform us immediately of any changes to your prescription details or any other information that you have provided to us; and
(k) you are not ordering a quantity of contact lenses that will exceed the expiry date of your contact lens specification.
By submitting your order, you authorise WALDO to contact your eye care professional in the event we need to verify any of the details you have provided us. If the details on your contact lens specification cannot be verified by your eye care professional for any reason, we will have no obligation to supply the Products you have ordered and will be required to cancel your order. If we have already charged you for the Products, we will refund your money within 14 days.
You may check and correct any input any errors up until the point at which you submit your order to us by clicking the "Place My Order" button on the checkout page. If you wish to amend your order after the placement of your order, please contact us by telephone or email as soon as possible. We will amend your order where possible but reserve the right not to accept the amendment at our discretion. If we do not accept the amendment, you may cancel the contract if you wish in accordance with the cancellation terms below. Any amendment to an order will only be binding once accepted by us in writing.
Our Products are for your personal, non-commercial use, and may not be resold, redistributed, exported, or used for any other commercial purpose. The reselling of Products purchased on the Website is strictly prohibited.
7. When we may refuse an order
Your order constitutes an offer to us to purchase the Products specified in the order, subject to these Terms and Conditions, at the price and on the terms stated when you sign up and place your order. By clicking the "Place my Order" button, you are agreeing to purchase the Products in your order in the event that we accept your order. All orders are subject to acceptance by us. We are not required to accept your order and may, at our discretion, reject your order.
The following is a non-exhaustive list of some of the grounds upon which we may reject an order:
(a) the Product(s) you have chosen are not in stock;
(b) you are prescribed to toric or multifocal lenses, which we do not carry;
(c) we cannot obtain authorisation for your payment;
(d) there has been a pricing or product description error;
(e) the information you have provided is incomplete, inaccurate or incorrect;
(f) it appears that the order mistakenly duplicates another;
(g) your order does not meet a minimum order value;
(h) the order appears to be for commercial use; or
(i) you are located, or request delivery to, an address outside of our delivery zone.
8. When the contract is formed
Once we've accepted your order and your payment for the order has been processed, we will confirm our acceptance by sending you an email confirmation that your order has been processed (the "Order Confirmation"). When we send the Order Confirmation, a contract will be created between you and us and be subject to these Terms and Conditions.
Your order acceptance will include your order number. Should you need to contact us about your order, please use this order number because it will help us track your order.
Title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.
9. Subscription Plans, Pricing and Payments
WALDO Contact Lenses (“Contacts”) are purchased on a subscription service. Therefore, when you buy our Contacts you enter into a monthly, quarterly, bi-annual or annual subscription plan (each, a "Subscription Plan") with us as elected by you in the checkout process. When you place an order for a 10-day trial of WALDO lenses (the "Trial"), we'll require you to provide your payment details to start the Trial.
We will automatically start to charge you for your Subscription Plan starting on the twelfth day following your order confirmation, and then subsequently on a recurring basis in accordance with the frequency for deliveries selected by you prior to checkout or after checkout through your profile on the website or by contacting us. Following the expiration of the Trial, you will be charged every 28 days if you are subscribed to a monthly plan, every 84 days if you are subscribed to a quarterly plan, every 168 days if you are subscribed to a bi-annual plan, or every 336 days if you are subscribed to an annual plan unless you set a different frequency for deliveries of the Products through your profile. By providing your payment details in conjunction with the Trial, you agree to these ongoing charges using such payment details. If you do not want to be billed these recurring charges, you must cancel your subscription by following our guidelines outlined in section 12.
WALDO Hydration Drops (“Hydration Drops”) and WALDO Blue Light Glasses (“Glasses”) are purchased by the Customer on a one-time basis. No Subscription Service is entered into for this item. The Customer is required to register a WALDO Account, but no subscription service is entered into.
The price of the Subscription Plan is as quoted on the Website from time to time. All pricing is in GB pound sterling. The price of the Hydration Drops is as quoted on the Website from time to time.We may change the advertised price of our Products on our Website at any time, but any such change will not affect orders that have already been accepted. We will notify you in advance of any change that may affect your future orders.
We try to ensure that all the prices shown on the Website are accurate, however sometimes errors do occur. Where a Product's correct price is lower than that paid, we will refund the difference to you, and process your order in the usual way. If the correct price is higher, we may contact you for further instructions before we accept your order.
If a Product you have ordered is not in stock, you will receive an email notifying you when the Product will be available and you will have the option to wait until the Product is back in stock or cancel your order.
WALDO, at its sole discretion, may make promotional offers with different pricing to any of WALDO's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You can pay for Products using a valid debit card, credit card or other payment method accepted by the Services (which may change from time to time in our sole discretion) (your 'Payment Method'). We accept the following cards: VISA, MasterCard, American Express and PayPal.
We use a third-party payment processor (the 'Payment Processor') to bill you through a payment account linked to your WALDO account for the Services (the 'Billing Account'). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By providing details of a credit or debit card you confirm that you are authorized to use that Payment Method and you authorize us, through the Payment Processor, to charge your payment method for the total amount of your order, including all applicable taxes. WALDO may seek pre-authorization of your Payment Method account prior to your purchase to verify that the Payment Method is valid and has the necessary funds or credit available to cover your purchase.
Your non-termination or continued use of our Services reaffirms that we are authorized to bill your Payment Method in advance on a periodic basis, in accordance with the Subscription Plan you select, until you terminate the relevant Subscription Plan. You further agree to pay any charges so incurred, including but not limited to, any charges due at the time of termination for any Products ordered and shipped prior to cancellation but not returned to us in accordance with our return policy set out below.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your card on file is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made directly in your account profile. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of the Services under your Billing Account unless you have terminated your Services as set forth above.
WALDO may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
We will use our reasonable endeavors to deliver the Products to you at the estimated delivery time set out in the Order Confirmation unless you subsequently change this frequency through your Account on the Website. However, we cannot always guarantee that we will always be able to do so. If that is the case we will try to contact you as soon as we are able to in order to rearrange delivery.
We will deliver your Products to the address provided by you in your order. Please check to confirm that the delivery address you have provided is correct. If your delivery address contains errors, we may not be able to provide you with the Products or our delivery of the Products you order may be delayed.
11. Delivery charges
The prices shown on the Website for the Trial cover the cost of delivery and will be shown separately on our Website at the checkout stage before you place your order. All recurring charges in respect of your Subscription Plan include delivery charges.
We reserve the right to charge you a reasonable additional amount if you are not available to accept the delivery and it is necessary to re-deliver your Products.
12. Subscription Cancellation
You may cancel your Subscription Plan during your Trial after three days from the date of your Order Confirmation. These cancellation windows are designed to give you the opportunity to trial the Products to determine whether they are suitable for you before cancellation. Following the initial 3-day window, you may cancel your Subscription Plan.
To cancel your Subscription Plan, you must do so by calling us at 0203-627-5833 between 8am and 10pm UK local time, Monday through Friday. We are closed on weekends and public holidays. Your Subscription Plan cannot be cancelled via email, social media or any other channel offered by the Services. It is your responsibility to cancel your Subscription Plan prior to the next renewal date under your Subscription Plan, and we are not responsible for cancellation requests that are made and not addressed by customer service in advance of your next renewal date. If you terminate your Subscription Plan, your subscription will not be renewed after your then-current subscription term expires.
13. Returns, Credits and Refunds
WALDO accepts returns, credits and/or refunds for its WALDO Contact Lenses (“Contacts”), subject to the Restrictions found in this Section.
you may request a refund for your purchase OR you may request a replacement order with the correct products, free of charge. All you have to do is contact our customer service team on 0203-627-5833 and they will assist you through the process
If you are returning a Product for any other reason, the product must be returned to us in its original condition (including any packaging apart from the exterior delivery packaging), which requirement does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order. Products returned to us will be inspected, and upon confirmation that they satisfy the above conditions, will be refunded in full, including the delivery charges you paid (if any) to have the item sent to you. However, you will be responsible for the cost you incurred in returning the item to us. We do not provide prepaid return labels or reimbursement for return shipping costs under these circumstances. Where payment has already been taken, we will credit your payment card with the amount of the refund due within 30 days of the date you return the Products to us.
All returns, refunds or replacements must be logged with the customer service team within 30 days of receipt of your WALDO products.
Nothing in these Terms will affect any other legal rights that you may have. For further information about your legal rights, please contact your local authority trading standards department or the Citizens Advice Bureau.
Contact Lense Restrictions
When a WALDO Product is purchased on a promotion, on an offer period or with a discount code, the
following restrictions apply:
WALDO Blue Light Glasses
WALDO accepts returns, refunds or exchanges for its WALDO Blue Light Glasses (“WALDO Glasses”).
You may return your WALDO Glasses for a full refund in the following instances:
You may wish to exchange your WALDO Glasses for another style and/or colour of WALDO Glasses. In this case, we will provide you with a prepaid return shipping label to return your original WALDO Glasses and you may instruct our Customer Service agent which new Style and/or colour you would like to have delivered. Exchanges must comply with the following:
Our WALDO Blue Light Glasses come with a 12 month manufacturing warranty. The warranty runs for 12 months from the date of purchase against all manufacturing defects.
Please note that the following is excluded from the manufacturing warranty:
14. Our liability to you
These Terms and Conditions do not limit or exclude our liability to you:
(a) for death or personal injury resulting from our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
(d) for any other liability that, by law, may not be limited or excluded.
Subject to the foregoing, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant product(s) purchased and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
We will use reasonable skill and care to ensure that the Website is safe and secure and does not contain viruses and other damaging materials, however we cannot guarantee that this will be the case. If you suffer loss and/or damage in connection with the use of the Website or are dissatisfied with any part of the Website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.
14. Black Friday Promotion Terms & Conditions
WALDO is offering a Black Friday Promotion (“Promotion”), starting on 20 November 2020 and ending on 30 November 2020. During this period, any purchase of WALDO Blue Light Glasses will receive a free WALDO Overnight Bag.
The eligibility of the Promotion is as follows:
Returns Policy during the Promotion
16. Coupon codes
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. There is a limit of one coupon code per order. Each coupon code has its own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification or trade of coupon codes is prohibited.
17. Other important terms
18. Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
19. Contact us
If you have any queries or complaints about this Website or our Services, please email us at email@example.com or visit the Contact Us section of the Website. The European Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr/) provides information about alternative dispute resolution which may be of interest.
These Terms and Conditions were last updated on: 10 November 2020