Waldo Terms & Conditions
Hello, and welcome to Waldo! Please read these Terms and Conditions and carefully before using eu.hiwaldo.com (the "Website") and the services, features, promotions, credits, content, applications, or products offered by Ainsly Limited, trading as Waldo ("we", "us", "our" or "Waldo") (together with the Website, the "Services") in the United Kingdom, Sweden and the European Union. These Terms and Conditions 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 our Website.
1. Accessing the Website
You must be at least 18 years of age to use the Services. By accessing the Website and utilising the Services, you represent and warrant that you are at least 18 years of age. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. The Services are offered only for your use, and not for the use or benefit of any third party.
There may be parts of the Website that are restricted to those users who have registered for an account with us (an "Account"). You must provide accurate and complete information and keep your Account information updated. In registering for an account, you shall not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorisation; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You must treat your login information (user email and password) as confidential and must not reveal it to anyone else. You are solely responsible for the activity that occurs on your Account, including where money is spent using your up-to-date login details. You can never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorised use of your Account. You have the ability to delete your Account, either directly or through a request made to one of our customer service team.
The Website is available free of charge and "as is" and we do not give you any guarantee as to how you may use it or what it will allow you to do. We endeavour to keep all the information on the Website as up to date as possible but errors may sometimes occur.
We may suspend, withdraw or restrict the availability of all or any part of our Website at any time, without notice to you. We cannot guarantee that the Website will operate continuously, without any interruptions or errors due to the connection to the Internet.
2. Permitted use
You may access our Website home page (solely for your personal use) provided it does not damage our reputation or take advantage of it or in a way that suggests any form of association, approval or endorsement on our part where none exists. Linking 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 and Conditions. 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. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services. You have no rights in, or to, the Content, except where we state otherwise. We reserve all other rights.
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 "Products") are sold to you in accordance with the Subscription Plan (as defined below) you select when signing up for the Services. 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 and Conditions. 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.
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:
(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;
(f) you consent to us contacting your prescribing eye care professional to verify your prescription details or obtain a duplicate copy of your prescription;
(g) the Products in your order are for your own use only;
(h) you are not registered as blind or partially sighted;
(i) 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;
(j) 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;
(k) 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
(l) 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;
(c) there has been a pricing or product description error;
(d) the information you have provided is incomplete, inaccurate or incorrect;
(e) it appears that the order mistakenly duplicates another;
(f) your order does not meet a minimum order value;
(g) the order appears to be for commercial use; or
(h) 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
A. Subscription Plans
Waldo is a subscription service. Therefore, when you buy our Products 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 the guidelines outlined in section 12.
B. Pricing and Availability
The price of the Subscription Plan is as quoted on the Website from time to time. Prices include VAT at the prevailing rate and delivery costs. We may change the advertise price 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 dispatch 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.
C. Payments and Billing Accounts
You can pay for Products using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express.
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 and Conditions. We are not responsible for errors by the Payment Processor. By providing details of a credit or debit card you confirm that you are authorised to use that payment method and you authorise us, through the Payment Processor, to charge your payment method for the total amount of your order.
Your non-termination or continued use of our Services reaffirms that we are authorised to bill your credit card or debit card 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 cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised 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.
We will use our reasonable endeavours to delivery the Products to you at the estimated delivery time set out in the Order Confirmation unless you subsequently change this frequency through your account profile on the Website. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. 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 provision of the Products you order may be delayed.
11. Delivery charges
The prices shown on the Website for the ‘free' 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 your Trial, you may cancel your Subscription Plan at any time.
To cancel your Subscription Plan, you must log into your Account, select the tab containing "Billing Information" and click the "I'd like to stop my subscription" button at the bottom of the page. Please note that the cancellation button will not appear in your Account during your Trial until three days from the date of your Order Confirmation. If you have trouble cancelling your Subscription Plan through your Account, you can contact us using the contact details below and someone from our customer service team will be able to process the cancellation. 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 by email or phone and not addressed by customer service in advance of your next renewal date unless your inability to cancel through your Account was due to a technical error on the Website. If you terminate your Subscription Plan, your subscription will not be renewed after your then-current subscription term expires.
13. Returns and refunds
You can cancel an order for Products for any reason (for example if you have changed your mind or no longer need the Product) at any time up to 14 days of receiving the Product by returning it to us.
We aim to ensure that all Products supplied to you arrive in perfect condition but sometimes there are incidents that are beyond our control. In the unlikely event that the Product is faulty or a blister pack is opened or if you are returning a Product because we have sent the wrong item, you can either request a refund or a replacement of the Product by notifying us using the contact details below. We will also reimburse your reasonable costs of returning the Product to us.
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 to be unopened and unmarked), 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 returns 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.
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.
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
(c) 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.
15. 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 unauthorised reproduction, resale, modification or trade of coupon codes is prohibited.
16. Other important terms
If we reasonably believe that you have breached these Terms and Conditions, we may take such action as we consider appropriate, including but not limited to withdrawing your right to use the Services.
A. Assignment. These Terms and Conditions are personal to you, and may not be assigned or transferred by you to another person except with our prior written consent. We may transfer our obligations under the contract to another organisation, but this will not affect your rights or our obligations to you under these Terms and Conditions.
B. Third Party Rights. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
D. Severability. Each of the clauses of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
E. No Agency. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
F. No Waiver. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
G. Governing Law. These Terms and Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by English law. This means a contract for the purchase of products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. We are required by law to advise you that orders may be concluded in the English language only and that no public filing requirements apply.
H. Disputes. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising between us regarding these Terms and Conditions. However, if you are a resident of Northern Ireland you may bring legal proceedings either in the Northern Irish or the English courts, and if you are a resident of Scotland, you may bring legal proceedings in the Scottish or the English courts.
17. 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.
18. 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: 18 November 2019