Introduction

On this page, you will find information about the conditions under which we offer quotations and enter into agreements with you and deliver your requests. We advise you to read these general terms and conditions carefully before you subscribe to our plans or when you buy one-time products from us. In these general terms and conditions, the term 'we/us/our' refers to Lexx contacts. In addition, the term 'the Orderer/you' is referred to as you, the one who takes out the subscription and buys our product.

We would like to inform you that Lexx contacts is not a Healthcare provider and/ or no Medical advisor.
Please read our Medical Advice Disclaimer for more information.

1. Definitions (in alphabetical order)

Subscriptions: the 4-, 6- or 8-weekly Contact Lens Subscription (or other subscriptions offered by us).  You will receive two (2) boxes containing thirty (30) pairs of contact lenses with each Lens Subscription. The lens subscription is concluded for an indefinite period of time.

Grace period: The period within which the consumer can make use of his right of withdrawal.

Interested party: persons who have subscribed to the latest Lexx contacts news, updates, offers and promotions, without having placed an order or taken out a subscription.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.

Lens prescription or lens advice: the personally prescribed eye advice from a certified eye care specialist specific to your situation. A lens prescription or lens prescription is NOT a prescription for glasses.

Delivery frequency: the rhythm of deliveries. We deliver thirty (30) pairs of lenses (two boxes) according to fixed delivery frequencies of four (4), six (6) or eight (8) weeks (or such other frequencies as agreed by us).

Lock Time: eight (8) days before the Shipping Time.

Individual Products: products offered via Lexx contacts that are not Subscriptions, such as the individual sale of contact lenses, eye drops, and other related products, and accessories.

Product: refers in a general sense to all possible products that we sell through the website or give away through promotions and/or other means.

Service Countries the Netherlands

Service Team: The customer service team of Lexx contacts. You can reach us at hello@lexxcontacts.com.

Trial Period: The Trial Period is the period of 15 days after you place your first order, the Trial Set. There is only a Trial Period for subscriptions.

Trial Set: the trial set of ten (10) pairs of contact lenses. This is also the starting product of the Lenses Subscription, as specified in Article 5.1 of these General Terms and Conditions.

Dispatch time: The time at which the products in your contact lens subscription are dispatched. The time of dispatch depends on when you first took out your subscription and can be found on your account information page on our website.

2. Information about us

We sell contact lenses, lens subscriptions, and related articles on our website. The contact lenses are purchased through a Dutch distributor, the actual producers are listed below. Ultimately the actual producers are responsible for the quality of the Products. The contact lenses have the CE mark of the distributor and meet all European guidelines for Medical Devices.

Lexx contacts
Legally represented by Lexx commerce B.V.
Office: Van den Eijndekade 2, 2102 LE Heemstede
Chamber of commerce KVK: 85143804
VAT: NL863524606B01

The manufacturers of Lexx contacts contact lenses are:

1. a) ClearLab Shanghai Co. Ltd. - Unit 1108, 9 Building 3088 Nong, GongHeXin Road JingAn district, Shanghai 20070, China. Tel: +86 21 3250 1089. Fax: +86 21 3252 1098. Mail: enquiryChina@clearlab.com.

(b) ClearLab Spain - CAMPUS TRIBECA Carr. de Fuencarral, 44 Edificio 6 Oficina 3 28108 Alcobendas Madrid, Spain. Tel: +34 910 609 723. Mail:pepiodos@clearlab.com

(c) ClearLab SG Pte Ltd - 139 Joo Seng Rd, Singapore 368362 Tel:+6567491090

1. d) CE marking representative - Barnaux Healthcare B.V. - Vluchtoord 38, 5406 XP Uden, The Netherlands.

3. Information about you

3.1 Our website is only intended for use by people residing in the Service Countries. We do not accept orders from persons located outside these countries.

3.2 By placing an order, you warrant that you are competent to enter into contracts, are at least eighteen (18) years old (or have obtained consent from your parents or guardians before entering into the contract), and are resident in one of the Serviced Countries.

3.3 By placing an order for the purchase of contact lenses or entering into our Subscription, you confirm that:

a) you have a valid lens prescription or lens care prescription for the Products you wish to order, which has been issued to you personally by a qualified eye care professional;
b) you accept that the order you place, in particular the lens prescription, corresponds to the lens prescription delivered to you under a;
c) your lens prescription has not expired (and does not expire during the period for which the Products are ordered) and is not older than twelve (12) months;
d) you accept that we cannot be held responsible in any way for the validity and interpretation of your lens prescription and/or selected lens prescription on our website;
(e) the Products you order are intended solely for your use and may not be used by others;
(f) you are not blind or partially sighted and are not registered as such;
g) you will only use the Products in accordance with the information and instructions provided with the Product and any advice from your eye care professional;
h) you will discuss all questions regarding your lens prescription or the use of the Products with your eye care practitioner and follow up appointments as directed by your eye care practitioner;
i) you are responsible for passing on any changes in the lens instructions and lens prescriptions from your eye care specialist.

The Products are for personal use only and may not be resold, redistributed, exported, or used for any other commercial purpose.

4. Prices

4.1 The prices of Subscriptions and Loose Products are quoted on the basis of the local currency of the relevant Service Country and include VAT.

4.2 Shipping of orders with a price of € 8.00 or more is free unless otherwise indicated in your order summary or on the website.

4.3 We reserve the right to change product prices and any delivery charges at any time. Changes will not affect orders for which you have already received an order confirmation before the time of change.

4.4 We reserve the right to change the prices of Subscriptions during the term of the agreement, of which you will be informed no later than fourteen (14) days in advance. If you subsequently wish to cancel your Subscription, a notice period of ten (10) days will apply without you owing us any compensation.

5. Subscriptions: Lens type & prescription

5.1 Subscription: is entered into for an indefinite period and may be canceled monthly (with due observance of the applicable notice period). For new customers, a Subscription always starts with a Trial Set and associated Trial Period. After this, the Subscription will automatically start.

5.2 Lens selection: You cannot choose the type of lenses you want to receive. All our lenses are daily disposable lenses. We do not sell monthly lenses or lenses for cylinder defects.

5.3 Lens prescription: You have to select your personal lens prescription when you select a Product for your shopping basket. The lens prescription you see in your order summary is the lens prescription you will get when you complete the payment.

5.4 Change of lens prescription: You can change your lens prescription up to eight (8) days before the shipping date. To do so, please send an email to our Service Team: hello@lexxcontacts.com. If you have not made a choice, you will automatically receive the lens prescription you selected in your first order.

6. Changing & ending the shipping date

6.1 You can "postpone" any Subscription by adjusting the Shipping Time in your account on our website by a maximum of [-] days. Shipping will then be moved to the adjusted Shipping Time. The Subscription will then automatically resume at the chosen Delivery Time.

6.2 You can change your chosen Delivery Frequency in your account. We will supply thirty (30) pairs of lenses (two boxes) at fixed Delivery Frequencies of four (4), six (6), or eight (8) weeks (or such other frequencies as may be agreed by us with you).

6.3 If you wish to terminate your Subscription, you must do so through your account settings on our website no later than eight (8) days before the Sending Time. In the event that you give notice of termination less than eight (8) days before the Sending Time, the termination of the Subscription will only take effect from the first month following. No charges will be made for termination of Subscription.

6.4 If you as a subscriber fail to meet your payment obligations in respect of the chosen Subscription, we may decide to terminate your Subscription with a seven (7) day notice period. We will inform you of this in writing.

6.5 We may terminate or dissolve with immediate effect agreements with subscribers or other customers who act in contravention of these general terms and conditions or, in our opinion, misuse promotions, offers, or any other services provided by Lexx contacts in a general sense. We will inform you of this in writing. If you have already paid for a Product, the amount paid will be returned to you within fourteen (14) days and you will not be sent a Product.

6.6 You may re-subscribe at any time after canceling a Subscription, but we reserve the right not to allow re-subscription if we have previously decided to terminate your Subscription for any reason.

6.7 Please note that terminating or pausing your Subscription does not mean that you will be removed as an Interested Party. The reason for this is to facilitate any activations of a Subscription and to enable you to take advantage of other services we offer. If you wish to be removed as an Interested Party, please contact our Service Team.

7. Returns and costs

7.1 After entering into a Subscription, a Grace Period of fourteen (14) days will apply. You may terminate your subscription during this period by sending an email to the Service Team indicating that you are invoking your right to withdraw within the Withdrawal Period. If the Shipping Moment occurs during your Withdrawal Period, you must return the first package or Trial Set you received to us. The first package or Trial Set must be complete and in its original condition (unused and undamaged) and if applicable sealed. As soon as we have received the first package or Trial Set in good order we will confirm the termination in writing during the Maintenance Period.

7.2 A cooling-off period of fourteen (14) days applies after receipt of the Products. If you wish to return your order, please contact the Service Team. The Product must be complete and in its original condition (unopened and undamaged) and where applicable, sealed. After you have received our confirmation of your return request, please send the Product back within fourteen (14) days to:

Lexx contacts B.V.
Attn: Service Team
Van Den Eijndekade 2
2102 LE Heemstede

7.3 You are responsible for the cost of returning the goods. We recommend that you keep a receipt so that you can prove that you have returned your order to us.

7.4 As soon as we have received the returned Product in good order, we will transfer the full purchase amount to the account used by you within fourteen (14) days, provided that the conditions for return as set out in articles 7.1 and/or 7.2 of these General Terms and Conditions have been fulfilled.

8. Payment

8.1 For payment, you can only use the payment methods offered by us, based on the applicable conditions for the respective payment method.

8.2 Payment of the Subscription is effected by issuing a direct debit authorisation until the Subscription is canceled by you or us (subject to the notice period) and all outstanding payments have been met. We will endeavour to debit the amount from your account on or around the relevant Lock Moment.

8.3 As a consumer, you are obliged to report any inaccuracies in payment data provided or stated to us without delay.

8.4 If a direct debit for the Subscription fails, you will receive an email from us requesting you to make the payment via a payment link within five (5) days. If the payment is not made within five (5) days, we will send you a second payment reminder with a payment link to make the payment within fifteen (15) days of receipt. As long as we have not received payment, your Subscription will be suspended and we will not distribute any Products to you. If payment is not received, we reserve the right to charge you for extrajudicial collection costs incurred by us. We will send you a third payment reminder with a payment link to pay the outstanding amount including legal collection costs within eight (8) days of receipt. This collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. If the outstanding amount including collection costs is not paid within eight (8) days of receipt, we reserve the right to engage a collection agency.

8.5 The rules on direct debit in article 8.4 have been drawn up on the basis of the Dutch Extrajudicial Collection Costs (Compensation) Decree (Besluit Vergoeding Buitenwettelijke Incassokosten).

8.6 In the event of late payment, for example, due to reversal/ chargeback of the debited amounts or due to insufficient balance on the account concerned, an amount of EUR 2.50 will be charged.

8.7 You are never entitled to suspend or set off payment obligations against any claim you may have on Lexx contacts.

8.8 The Products will remain the property of Lexx contacts until the Buyer has paid for the Products.

8.9 Invoices and payment reminders will only be sent by Lexx contacts electronically.

9. Promotions, offers & discount codes

9.1 Promotions and offers are valid for the duration indicated and while stocks last. Additional action conditions may be determined per action or offer.

9.2 Discount codes can only be used on the basis of the applicable action conditions of the relevant discount code.

9.3 If you have purchased a Subscription from us, you will receive a "friend discount code" which you can use to invite a friend to purchase a Subscription. Your friend can use this discount code to take out a Subscription with a discount. The discount only applies to the first delivery.

9.4 Commercial purposes: Under no circumstances is it permitted to use the brand name of Lexx contacts and all possible combinations that contain this brand name and/or misspells of this brand name within URL combinations in order to attract traffic that is used to distribute the "friends discount code".

9.5 You can use a maximum of one (1) discount code per order. It is not possible to combine discount codes and promotions. Only two (2) Subscriptions per household can be purchased per discount code.

10. Delivery

10.1 Delivery takes place while stocks last. If delivery is not possible we will contact you with a proposal for a possible solution.

10.2 Delivery takes place based on the lens prescription selected by you on our website. We do not supply toric (cylinder) or multifocal lenses.

10.3 Address: We will deliver your order to the address you provided when placing the order. For Subscriptions, you can change your address up to eight (8) days before the shipping date. For all other orders, once your order has been dispatched, you cannot change the address you provided. Lexx contacts does not offer the possibility to collect the Products.

10.4 Delivery of Subscriptions: for new customers, delivery always starts with a Trial Set and associated Trial Period. Regular delivery of Subscriptions automatically starts fifteen (15) days after the Sending Time.

10.5 Delivery Products Lexx contacts: If you place an order on a working day before 13:00 hours, we will ship your order the same day, unless stated otherwise on the product page. If you place your order on a working day after 13:00 or during the weekend, we will endeavour to dispatch your order on the next working day. The delivery time starts when you have completed the ordering process and have received a confirmation from us. We will do our best to deliver your order within three (3) working days. We are not liable for any delays by postal services.

10.6 The delivery periods indicated by us are indicative and, if exceeded, do not entitle you to dissolve the agreement or to claim compensation. We are not liable for any delays on the part of postal services. If we are aware of internal delays, we will inform you as soon as possible in writing.

10.7 Should the specified delivery date have been exceeded, please contact our Service Team as soon as possible, but no later than thirty (30) days after the shipping confirmation, so that we can find out what went wrong and offer you a suitable solution.

10.8 The delivery period may take longer around holidays.

10.9 The risk of damage and/or loss of Products shall be borne by the relevant postal service until the time of delivery to you or a representative designated in advance and made known to us unless explicitly agreed otherwise.

11. Reviews

11.1 If you purchase a Product from us or receive a Product under your Subscription, we may ask you to write a review about your experience. We will ask you to choose a nickname that may be published when you write your review.

11.2 Your review must be accurate, sincere, and truthful with plus and minus points about (the operation of) the Product. Lexx contacts and our brand partners want your honest opinion in order to improve their Product. We ask you to take the following conditions into account when writing your review. Your review:

• contains comprehensible and correct punctuation, capitals, etc;
• is written in Dutch or English;
• is not intentionally offensive in nature and does not contain any offensive, obscene, abusive, discriminatory, defamatory, or otherwise misleading information;
• does not contain personal information such as email addresses & telephone numbers;
• does not contain advertising or information on prices or sales locations;
• does not contain information about other persons, parties, brands, companies, or other third parties; and
• does not contain any questions or comments (for this you can contact our Service Team).

11.3 The review is an original piece of writing written by you personally and is not copied from someone else. Please note that any spelling and/or grammatical errors may not be corrected before your review is published, although we and our brand partners have the right to correct this. In addition, our brand partners have the right to make limited technical changes to correct potentially inaccurate, misleading, or offensive information. The underlying opinion of your review will not be changed.

11.4 You can only submit one (1) review per Product. You can only submit a review for Products that you have received. We collect your email and IP address when you submit a review so that we, along with third parties, can verify the authenticity of your review and protect Lexx contacts from fake reviews.

11.5 You authorise us to share your review and the information you have provided to us. The information from your review will be shared with our brand partners and third parties who assist us in collecting, verifying, and sharing your review.

11.6 You authorise us, brand partners, and other applicable third parties to publish your review.

11.7 Circumstances may arise that prevent us or our brand partners from publishing your review. Neither we nor our brand partners are obliged to publish a submitted review.

12. Obligations and liability

12.1 All liability of Lexx contacts towards you is limited to the provisions of these terms and conditions, with due regard for the mandatory provisions on liability under Dutch law.

12.2 You may only use the Products for their intended purpose. All instructions on the packaging and leaflets must be carefully followed. No liability will be accepted for any other use.

12.3 In no event shall we be liable for any damage resulting from the use by you or any third party of the Products unless due to a defect for which we are liable under the terms of any warranty provided or under product liability.

12.4 All our obligations (whether included in these General Terms and Conditions or otherwise established between you and us) are best efforts obligations. All deadlines mentioned in such agreements are indicative.

12.5 Lexx contacts only guarantees that the Products it delivers are suitable for the purpose for which they are intended on the basis of the information provided by Lexx contacts, and guarantees that the Products comply with any statutory obligations and other government regulations applicable to that purpose.

12.6 Lexx contacts guarantees that the Products and services it supplies will be produced and delivered with respect for mankind and the environment, without the use of child labour.

12.7 Lexx contacts originate from the manufacturer Clearlab (see Article 2a-d) and are actually supplied by CE-mark representative Barnaux Healthcare B.V.

12.8 All liability relating to the production of the Products and any product liability shall be borne by the suppliers as described in Article 2 above.

12.9 If it is established that we are liable for any damage, we shall only be liable for direct damage arising from or in connection with the performance of a contract, such damage to be determined in accordance with article 6:96 of the Dutch Civil Code. Liability for indirect damage, consequential damage, loss of profit, missed income, damage to goodwill or reputation etc. is excluded. Our liability is also always limited to a maximum of the purchase price of the Product concerned, or in the case of a Subscription, the amount paid by you for the Subscription up to the point at which the damage occurs.

13. Complaints procedure

13.1 Upon receipt, you must inspect the delivered Product as soon as possible for any defects, such as leaking blister packs or leaking eye drops.

13.2 In the case of a defective Product, you must complain to our Service Team as soon as possible, but no later than within thirty (30) days of receipt, including photographic or video evidence.

13.3 In the case of missing Products, you should complain to our Service Team as soon as possible, but no later than thirty (30) days after receipt of your order.

13.4 We will try to deal with your complaint as quickly as possible. If we expect that we cannot handle your complaint within one (1) week, you will at least receive a confirmation of the complaint and we will let you know when we expect to be able to give a substantive answer.

13.5 If the complaint period has expired, we will no longer handle your complaint.

14. Intellectual Property

14.1 Texts, photos, videos, websites, social media statements, mailings, and other materials developed by us or under our control are protected by copyright, trademark, design rights, and/or other intellectual property rights.

14.2 You may not reproduce, modify, copy, distribute or use the materials for commercial purposes in any way. For your own use, you must comply with all our intellectual property rights.

14.3 We have the right to quote and share on our websites and social media images and texts that customers and Interested Parties post on a website, blog, or social media, in which our Subscriptions and Separate Products are visible.

15. Amendments and Disputes

15.1 If, after the agreement has been concluded, it becomes apparent that it is necessary for the implementation to change or supplement the content of the agreement, for example, if the chosen Product is not in stock, we will, in consultation with you, amend the agreement accordingly in good time.

15.2 We reserve the right to change these terms and conditions unilaterally at any time. We will inform you of such changes by email.

15.3 A provision that proves to be void or voidable shall in that case be replaced by a provision that comes closest to what we had in mind when drawing up these Terms and Conditions. Such a provision shall not affect the other provisions of these General Terms and Conditions.

15.4 Every agreement shall be governed exclusively by Dutch law.

15.5 In the event of a dispute, the court in Haarlem shall have jurisdiction.

Published: April 2022.