Scope of validity
The business relationship between Deepcove Limited and the Purchaser is governed exclusively by the following terms and conditions in the version valid at the time the order was placed. Deepcove Limited does not recognize alternative conditions of the Purchaser, unless Deepcove Limited has expressly affirmed their validity in writing.
Conclusion of a contract
Your order represents an offer to us to conclude a purchase agreement. When you place an order with Deepcove Limited via the Optiswiss AG OSShop, we will confirm receipt of your order via the OSShop listing the details (order confirmation). This order confirmation represents a purchase agreement. The contract is made with Deepcove Limited.
Retention of title
The goods remain the property of Deepcove Limited until they have been paid for in full.
Delivery conditions/shipping costs
Delivery is made ex stock from manufacture in Basel via the Deepcove Logistics Centre to the shipping address indicated by the buyer. Delivery deadlines are not binding. If there is a delay in the delivery of a lens, e.g. due to a lack of warehouse stock, Deepcove Limited shall endeavour without delay to manufacture an equivalent product, e.g. RX lens, and to deliver it at no extra charge.
The shipping costs depends on the agreement between the buyer and Deepcove Limited.
Deepcove Limited is entitled to cancel the order. If it does so, the Purchaser will be notified of this fact immediately.
The agreed upon prices shall be deemed to be fixed prices in the stated currency, excluding VAT
VAT is indicated on the invoice.
All invoices have to be paid without deduction at the latest within 7 days after the date of invoice, unless otherwise stated.
Liability for defects
If the purchase item has a defect, the purchaser may place the order again using the complaint module, if the complaint module is available. Complaints are possible only due to wrong deliveries or material defects. A demand for replacement can only be complied with, if:
a) the goods, together with the delivery note, were returned to the following address within 15 days (from date of receipt of the goods):
Deepcove Logistics Centre
Unit 1 Centurion Centre
Castlegate Business Park
Salisbury, SP4 6QX
Wiltshire, United Kingdom
b) the lenses in question have been checked by technical Customer Service and found to be defective. In the event of wrong delivery or a material defect, a refund for the lenses will be provided within 30 days.
Deepcove Limited is not liable for consequential loss; in particular Deepcove Limited is not responsible for lost profit or for other financial damage to the Purchaser. Where the liability of Deepcove Limited is excluded or restricted, this also applies to the personal liability of employees, representatives and agents. The above limitation of liability does not apply if the damage is caused by intent or gross negligence or in the event of personal injury. It also does not apply if the Purchaser asserts claims based on product liability law. If Deepcove Limited negligently breached a contractual obligation, the liability for damage shall be restricted to the typically resulting damage. The limitation period is twenty - four months from delivery.
Cancellations of stock lens and RX Priority Line orders will not be accepted. Cancellations of prescription lenses, with the exception of RX Priority Line, are permitted, provided the lens is not already being manufactured at the time the request is made.
The data required for the business transactions will be saved. All personal data is of course treated as confidential. No data is transferred to third parties and stored there.
Deepcove Limited and Optiswiss AG collects and uses customer information for order processing, the delivery of goods, the provision of services, including the provision of the osshop platform, and the processing of payments. Deepcove Limited also uses the information to maintain data records and customer accounts. Data is also used to improve the osshop platform, to prevent or detect misuse of the site or enable third parties to carry out technical, logistical or other functions on our behalf.