Terms of use
Lensmaster.ru: Terms of use
Glossary terms
1. General
2. Registration on the site
3. Submission of the Order
4. Delivery
5. Payment for the purchase
6. Return of the purchase
7. Intellectual property
8. Warranties and disclaimers
9. Privacy policy
10. Other terms
By accessing or using the site Lensmaster.ru in any way you agree to and are bound by the terms and conditions set forth in the documents “Terms of use” and “Privacy policy and Information security” even if you get to the site by links from other websites. So, please, kindly study the following information.
- Customer – a physical party placing Orders on the site www.lensmaster.ru or specified as the recipient of the purchase.
- Seller - ÎÎÎ "Lensmaster".
- Web-shop – Internet-site http//:www.lensmaster.ru owned by the Seller and having on display Products offered to the Customer by the Seller for making up the Orders and also with information on the terms of payment and delivery of these Orders to the Customers.
- Site - www.lensmaster.ru
- User of the site – a physical party downloading on the desktop of his personal computer any content placed on this site.
- Registered user of the site– a physical party registered successfully on the site. To get to the site as a registered user one’s personal login and password are to be entered.
- Content – any information on the site (documents , files, data, text, software, audio and other sound files, videos, photographs, graphics and other images) which is accessible to the User by means of Services.
- Products – goods not withdrawn from commerce and on display on the site for purchasing. Also goods shown on the site for purchasers’ information and for sale of Products of the same kind.
- Services:
- Information services – giving the User an opportunity to download the content of the site for the purposes of information, to get advice, consultations, answers to questions generally as well as individually;
- selling – a service of the Seller on selling the Products to the customer;
- delivery – a service of the Seller on delivery of purchases to the Customer. - Order – submitted in a proper way requisition of the Client on delivery of the Products selected on the Site to the address stated.
- Operator of the web shop– an employee of the Seller in charge of order processing at he web shop. Contact information of the operators is placed on the Site..
- Customer’s user account - private account of the customer at Lensmaster web shop processing loyalty programs with discounts and bonuses calculation and also, by the Customers request, money transfer in case of return of the purchase or in case of Clients refusal of the order paid before. This money can be used to pay for the next Clients Orders or it can be returned to the Clients in the same way as the payment was made, cash payment excluding.
- External site – Site in the world wide Web with a link to in on the site www.lensmaster.ru
1.1. The Site is owned and administrated by OOO “Lensmaster”.
1.2. Your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Services (further “Terms”) stated below and having permanent publication on the site: http://www.lensmaster.ru/info/terms.php
1.3. Present Terms as well as the information about the Products which you can find on our site is a public offer according to article 435 and part 2 of article 437 of the Civil Code of Russian Federation.
1.3. Present Terms as well as the information about the Products which you can find on our site is a public offer according to article 435 and part 2 of article 437 of the Civil Code of Russian Federation.
1.4. Present laws of the Russian Federation form a legally binding agreement between you and Google in relation to your use of the Services.
1.5. You may not use the Services and may not accept the Terms if:
1.5. You may not use the Services and may not accept the Terms if:
à) you are not of legal age to form a binding contract with Lensmaster.ru, or
b) you are a person barred from receiving the Services under the laws of the Russian Federation or other countries including the country in which you are resident or from which you use the Services
1.6 You can accept the Terms by:
a) clicking to accept or agree to the Terms while making up your order or
b) by actually using the Services. In this case, you understand and agree that Lensmaster.ru will treat your use of the Services as acceptance of the Terms from that point onwards.
1.7. Language of the Terms:
1.7.1. Lensmaster has provided you with the English version of the Terms being a translation of the Russian language version, and you agree that the translation is provided for your convenience only and that the Russian language version of the Terms will govern your relationship with Lensmaster.
1.7.2. If there is any contradiction between what the Russian language version of the Terms says and what a translation says, then the Russian language version shall take precedence.
1.7.1. Lensmaster has provided you with the English version of the Terms being a translation of the Russian language version, and you agree that the translation is provided for your convenience only and that the Russian language version of the Terms will govern your relationship with Lensmaster.
1.7.2. If there is any contradiction between what the Russian language version of the Terms says and what a translation says, then the Russian language version shall take precedence.
1.8. Access to the Site:
1.8.1. You acknowledge and agree that the Site as a part of new technologies implementation may at its sole discretion stop (permanently or temporarily) providing the Services (or any features within the Services) to users generally or to you in particular, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform the Site when you stop using the Services.
1.8.1. You acknowledge and agree that the Site as a part of new technologies implementation may at its sole discretion stop (permanently or temporarily) providing the Services (or any features within the Services) to users generally or to you in particular, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform the Site when you stop using the Services.
1.8.2. You acknowledge and agree that if the Site disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
1.8.3. You acknowledge and agree that while the Site may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by the Site at any time, at it’s discretion.
1.8.3. You acknowledge and agree that while the Site may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by the Site at any time, at it’s discretion.
2. Registration on the site
2.1. In order to access to the most complete Content on the Site you should pass the registration process. Registration is not obligatory but necessary for access to certain Services. Registration process is considered completed if the user can authorize on the Site entering the login and the password.
2.1. The Customer must register on the Site to make up Orders at the web shop. You may do it on your own or with a help of a web-shop operator by telephone. (See “Contact”)
2.2. The Seller is not responsible for any registration information the Customer states.
2.3. You agree and understand that you are responsible for maintaining the confidentiality of the password, correct operation of your e-mail box and telephone number you stated as contact and you are responsible for updating your contact information. If you become aware of any unauthorised use of your password or of your account, you agree to notify The Seller immediately by sending an e-mail to the web shop operator.
2.4. The Seller reserves a right to send the registered user advertising and informational e-mails. In case the user don’t wish to get such e-mails he or she can easily turn it down:
a) either by changing the settings in the Subscription unit
b) or sending an e-mail to the technical support service of the Site (see “Contact”) and describing your request.
3.1. The Order of the Customer can be submitted in the following ways: it can be accepted by phone or can be made by the Customer him/herself on the Site. The instruction to make up an Order see “How to Order” article.
3.2. After Order submission the Customer is informed of the date and the time of the delivery. (by e-mail if the Order is made up on the site or by phone in case it’s made up by phone).
3.3. If you want to cancel the alre4ady submitted order call our web shop operator (for phone number see “Contact” ).
3.4. If the Customer submits an Order for the Products which are not present in stock at the moment the Seller informs the Customer of this situation by e-mail or by phone. The customer has a right either to agree to the date of the Delivery or to withdraw the position from the Order. The Seller reserves a right to withdraw the absent in stock Article from the Order in case there’s no reply from the Customer for 7 calendar days.
3.5. Some of the Products is presented on the Site only for the purpose of information and cannot be bought at the web shop. If its available at Lensmaster retail stores you can find out at our directory service in the “Feedback” unit or by phone in Moscow: +7 (495) 771-75-26 and St. Petersburg: +7 (812) 333-11-78/79.
3.6. Some of the rare Products may not be in stock temporarily they are delivered to the Seller by the Suppliers from abroad. In this case time of the delivery may make up to 1.5-2 months. On the Order confirmation the operator will inform you of the date.
3.6. Some of the rare Products may not be in stock temporarily they are delivered to the Seller by the Suppliers from abroad. In this case time of the delivery may make up to 1.5-2 months. On the Order confirmation the operator will inform you of the date.
3.7. The delivery term to the Customer depends on the city of the delivery, type of the delivery chosen by the customer and is specified on the confirmation of the Order.
3.8. This website is designed to provide general information about the Products and cannot give full information on certain characteristics and particularities of an Article (e.g. colour, size, shape). If the customer has questions concerning the Article’s characteristics he should ask them the web shop assistant-operator before making up the Order.
3.9. In case of absence of the ordered Products at the stock of the Seller or of the Suppliers, for the reasons not depending on the Seller including. the Seller reserves the right to withdraw the absent Products from the Customers’ Order and inform, the customer about it by e-mail or by phone.
3.9. In case of absence of the ordered Products at the stock of the Seller or of the Suppliers, for the reasons not depending on the Seller including. the Seller reserves the right to withdraw the absent Products from the Customers’ Order and inform, the customer about it by e-mail or by phone.
4. Delivery
4.1. The Customer has a right to choose a type of the delivery convenient for him. Delivery types you can find on the site.
4.2. The Seller will aim at delivering in time agreed although some delays are possible because of the reasons not depending on the Seller.
4.1. The Customer has a right to choose a type of the delivery convenient for him. Delivery types you can find on the site.
4.2. The Seller will aim at delivering in time agreed although some delays are possible because of the reasons not depending on the Seller.
4.3. Risk of accidental damage of the Products is on the Customer after the fact of Delivery and Customer’s signing the documents affirming the Delivery of the Order. In case the Order was not delivered the Seller reimburses the Customer the sum of the prepay for the Order after getting the Delivery service conformation of the loss of the Order.
4.4. The cost of the post and express delivery is calculated for every Order individually taking into account the weight of the Order, region and type of the delivery. Free delivery terms are stated on the site.
4.5. On delivery the Order is handed in to the person stated as the Recipient of the Order or to the person authorized by the Recipient.
4.5. On delivery the Order is handed in to the person stated as the Recipient of the Order or to the person authorized by the Recipient.
4.6. For the avoidance of fraud, and also for the performance of the obligations stated in clause 4.5. on the prepaid Order delivery the person authorized for the Order delivery has a right to ask for the document identifying the Recipient and also state the type of the ID and its number on the receipt to the Order.
5. Payment for the purchase
5.1. The customer is free to choose the convenient type of the payment. See types of the pay and prices on the Products on the site. Prices listed on the site, are only valid for web shop, and differ from prices in retail shops Lensmaster.
In case of the incorrectly stated on the site price of the Article ordered by the Customer the Seller informs the Customer of it at the first opportunity for confirmation or cancellation of the Order. If it’s impossible to contact the Customer the present Order is considered as cancelled. If the Order was paid the Seller returns the Customer the paid sum of money to the Customer’s user account.
5.2. Prices on the Products stated on the Site, discounts and bonuses added for the purchase can be changed at the Seller’s sole discretion and the price on the Article ordered by the Customer cannot be changed.
5.3. Types of pay are stated on the Site in the “Ways of pay” part.
5.4. On the pre-pay system the order comes into the processing only after the money transfer to the Seller’s account. The Items for the order cannot be booked, and the Seller cannot guarantee the availability of the Products at the warehouse on the date stated on Order processing, as a result the time of Order processing may shift.
5.5. Bank cards payment peculiarities.
5.5.1. According to the Central Bank of the Russian Federation provision # 266-P dated 24 December 2004 “On bank cards emission and operations performed with the help of payment cards ” operations with bank cards are performed by the card holder.
5.3. Types of pay are stated on the Site in the “Ways of pay” part.
5.4. On the pre-pay system the order comes into the processing only after the money transfer to the Seller’s account. The Items for the order cannot be booked, and the Seller cannot guarantee the availability of the Products at the warehouse on the date stated on Order processing, as a result the time of Order processing may shift.
5.5. Bank cards payment peculiarities.
5.5.1. According to the Central Bank of the Russian Federation provision # 266-P dated 24 December 2004 “On bank cards emission and operations performed with the help of payment cards ” operations with bank cards are performed by the card holder.
5.5.2. Authorisation of the Bank cards operations is performed by the bank. If the bank has any grounds to estimate the operation as fraudful the bank has a right to deny the operation
5.5.3. To avoid fraud with bank cards payments all the Orders made on the Site are checked by the Seller. In case of the Order payment by the card holder and the other person stated as the Receiver of the Order, such Order may be delayed for additional verification. The customer who made this Order is obliged if claimed by the Seller’s employee to give a photo copy of two passport pages- main pages with the photo.
6.1. The customer has a right to refuse the ordered Products anytime but before it’s receiving (clause 3.3 ) and after receiving the Products (contact lenses and medical glasses excluding – see the list of the nonfood unexchangeable goods of a proper quality confirmed by the Russian Government decree ¹55** dated 19 January 1998) - within 7 days. We remind you that contact lenses are objects of medical and individual disposal and fall into the category of unexchangeable goods of proper quality (according to the Russian Government decree ¹55** dated 19 January 1998)
Return of other goods of PROPER quality takes place only if the package isn’t open, the initial marketable state and consumer properties are preserved as well as the document confirming the fact and terms of the purchase wasn’t lost.
Before submission the order for contact lenses, please, make sure that:
Before submission the order for contact lenses, please, make sure that:
1. You know what contact lenses you need (the exact name and brand), you know your characteristics (optic power and basic curve), in case you order colored lenses- the color.
2. If it’s the first time you’re going to buy contact lenses or you’re not sure in any characteristics you need (for example, basic curve or your optic power) you should consult an ophthalmologist.
Please, keep in mind that:
- You MUST visit an ophthalmologist if you change your lenses to another type or brand
- You MUST visit an ophthalmologist to choose the color of lenses.
6.3. The customer has a right to return the goods of improper quality to the Seller and demand reimbursement of the paid sum of money within guarantee period, the expiration date. The Customer can also demand the exchange of the goods of improper quality or removal of the disadvantages.
6.4. The sum of money paid for the Products (the Sellers’ expenses on delivery the returned from the Customer Products excluding) is to be returned within 10 days calculated from the moment the Seller gets a Customer's written claim in the way the Customer has paid for the Products (e-pay excluding – the return is made by a postal transfer to the address stated by the Customer). Also, by Customer's written claim the sum of money can be transferred to his User account.
6.4. The sum of money paid for the Products (the Sellers’ expenses on delivery the returned from the Customer Products excluding) is to be returned within 10 days calculated from the moment the Seller gets a Customer's written claim in the way the Customer has paid for the Products (e-pay excluding – the return is made by a postal transfer to the address stated by the Customer). Also, by Customer's written claim the sum of money can be transferred to his User account.
6.5. The complaint on quality and return of the goods procedure:
If you consider you bought contact lenses of improper quality the exchange procedure will be as follows:
- Inform us about it by phone (see “Contacs”) or by e-mail.
- We send the lens to the formal expert examination and inform you of the time the result is ready.
- In case the improper quality of the Article was confirmed we exchange the package/blister (as approved by the manufacturer) or return you the money equivalent.
- We remind you that if you purchased contact lenses of PROPER quality but they didn’t match you by characteristics, colur, etc. we don’t exchange them.
7. Intellectual property
7.1. All the content of the Site is the property of the Seller and/or his suppliers.
7.1. All the content of the Site is the property of the Seller and/or his suppliers.
7.2. You understand that the Content displayed for you on the site as part of the Services including but not limited to advertising as part of the Services and the Content placed by the sponsors as part of the Services can be the object of intellectual property right belonging to sponsors or advertisers who place their content or advertisement on the Site (or any third party’s ).
7.3 The site preserves the right to preview, look through, transfer distinction marks, choose, change, deny placement or delete any or all the Content from any of the Services.
7.4 You agree that using the Services in discussions or any other units where the site users can communicate you may get from other users the Content which despite the moderator’s control you can judge as containing disputable, incorrect or negative information, and in this case you use the Services at your own risk.
8. Warranties and responsibilities
8.1. The Seller doesn’t take any responsibility as for the damage inflicted to the Customer because of improper use of the Products displayed on the site as well as because of a wrong or out-of–date prescription under which the customer has made an Order or because of an incorrectly filled out Order.
8.2. The Seller bears no responsibilities or disclaimers on the content and operating of the external sites.
8.3. The Seller has a right to assign or in any other way to transmit its rights and responsibilities as follows the relationship with the Customer to the third parties.
8.4. The customer agrees no to use the ordered Products in any business activity.
8.5. The user agrees not to access (and don’t try to access) any of the Services in any other way but using the interface of the Site.
8.3. The Seller has a right to assign or in any other way to transmit its rights and responsibilities as follows the relationship with the Customer to the third parties.
8.4. The customer agrees no to use the ordered Products in any business activity.
8.5. The user agrees not to access (and don’t try to access) any of the Services in any other way but using the interface of the Site.
8.6. The user agrees not to perform any activity which contradicts to or prevents the provision of the Services, obstructs or hinders the operation of the Site.
8.5 The user acknowledges and agrees that he is solely responsible (and the Site bears no responsibility before the user and any other third parties) for any of the Content he creates, sends, views on the display while using the Services as well as for the consequences of such activities of the user (any damage or loss the Site may suffer including)
8.6. The user acknowledges and agrees that he is solely responsible (and the Site bears no responsibility before the user and any other third parties) for the infringement of any of his user responsibilities stated in the present Terms as well as for the consequences of such infringements (any damage or loss the Site may suffer including)
9. Privacy policy
9.1. User information protection:
While you’re using the Site Lensmaster will use and protect your data, such as your name and address, in accordance with the Lensmaster “Privacy policy” the contents of which are incorporated by reference into the Terms of Use. This policy explains how Lensmaster treats your personal information when you use the Site, and protects your privacy.
10. Other terms
10.2.In case the customer has any claims or questions he should contact Customer service of the Seller by phone (see the “Contacts”) or with a help of feedback unit on the Site. In case of any disputes the parties shall take all measures for their settlement by negotiations, disputes and controversions on which the parties have not achieved an agreement are subject to consideration in the court in accordance with the applicable legislation of the Russian Federation.
© Lensmaster.ru
31.12.2007
* The list of documents to be shown on delivery of the paid Order
As stated in clause 4.6 "Terms of Sales at the Web shop Lensmaster.ru" on delivery the prepaid Order the delivery person has a right to ask a document proving the identity of the Receiver (document issued by a specialized agency as applicable)
The documents are as follows:
- Russian/foreign passport
- Military ID or an interim certificate for the period of military service
- Interim certificate for the period of issuing the Russian passport;
- Driving license,
- Certificate of imprisonment/ release;
- A document confirming the arrival of a foreign resident on the territory of Russia (for foreigners)
(Confirmed by the Russian Government decree ¹55** dated 19 January 1998 as amended Russian Government decree ¹1222 dated 20 October 1998, ¹ 81 dated 06 February 2002)
- Goods for preventive measures and domiciliary medical treatment (health and hygiene items made of meta, rubber, textile and other materials, medical instruments and equipment, oral hygiene accommodations, spectacle lenses, child care items), medicaments.
- Personal hygiene items (tooth brushes, combs, hair clips, hair curlers, wigs, chignons and items alike).
- Perfume and cosmetic items.
- Textile goods (cotton, flaxen, silk, woolen and synthetical textiles, items of nonwoven fabric like ribbons, lace, trim, etc.); cable items (wires, cords, cables); building and constructive material(floor cloth, coatings, carpets and goods alike sold by measurement).
- Garment and knitted goods (garment and knitted, linen, hosiery).
- Polymeric goods and materials which contact with food products, expendable including (dishes and utensils, packaging for food preservation and transportation)
- Household products, pesticides and chemicals.
- Furniture (sets of furniture).
- Jewelry, with gems, of precious metals with insertion of semi-precious and synthetic stones, facet gems.
- Automobiles, motor bike and bicycle items, trailers and numberplates to them; mobile agricultural small tools and equipment; pleasure crafts and other floating crafts.
- Technically sophisticated household goods which have guarantee periods (domestic metal cutting and woodworking machines; domestic electric machines and equipment; communications-electronics equipment; personal computers and multipliers; photo and film equipment; telephones and faxes; electronic musical instruments; electronic toys, household gas equipment).
- Non-military weapons, main parts of non-military and duty fire-arms, ammunition to it.
- Plants and animals.
- Nonperiodical editions (books, brochures, albums, maps, cartographic and printed music, calendars, leaflets).
