Terms and Conditions of Sale of Brille24 GmbH

a German registered company with registered address:

Brille24 GmbH
Amalienstr.22
26135 Oldenburg
Germany
E-Mail: service(at)brille24.co.uk

company registration number: HRB 202581
VAT number: 64/202/10406
USt.-ID: DE261203350

(referred to as "Brille 24 GmbH" or "us" or "we" in the following).

1. Scope of Application

These Terms and Conditions of Supply ("Terms") do not apply to any order made by you for spectacles. Spectacles ordered from any website associated with us are supplied directly by the Hong Kong company Najash Ltd under a separate contract and separate terms and conditions apply (available on the website in question). The Terms set out in this document only apply to any order by you for services from Brille24 GmbH related to the spectacles you order from Najash Ltd. Further, these Terms shall only apply when your order for spectacles from Najash Ltd was made through the UK website www.brille24.co.uk ("the website") or you specified delivery of the spectacles to an address in the United Kingdom. These Terms and any document expressly referred to in them represent the entire agreement between Brille24 GmbH and you in respect of such services and supersede any prior agreement, understanding or arrangement, whether oral or in writing. In particular, any conflicting terms and conditions proffered by you at any stage shall have no application.

2. Your Status

You confirm that you are a private individual placing an order as a consumer, that you are 18 years old or over and that you are legally capable of entering into a binding contract.

3. Formation of the Contract

3.1 After placing an order for our services, you will receive an e-mail acknowledging that we have received your order. We may also send you status reports. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy services. All orders are subject to acceptance by us. Acceptance will take place only once you are sent an email confirming that the spectacles ordered from Najash Ltd have been dispatched (the Dispatch Confirmation) or you receive delivery of those spectacles. The contract between you and us (Contract) will only be formed when the Dispatch Confirmation is sent.

3.2 The Contract will only cover those services related to the spectacles whose dispatch has been confirmed in the Dispatch Confirmation.

4. Prices,Terms of Payment

4.1 Prices will be as quoted on the website from time to time, except in cases of obvious error.

4.2 These prices include any applicable VAT.

4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.

4.4 Payment must be by credit or debit card, by Pay pal or by money transfer. No services are rendered until payment is received.

5. Consumer Rights

5.1 Provided that we have not commenced providing the relevant services, you may cancel a Contract at any time within seven working days beginning on the day after we accepted the order for services. In this case, you will receive a full refund of the price paid for the services.

5.2 To cancel a Contract, the Customer must inform us in writing.

5.3 This provision does not affect your statutory rights.

6. Limitation of Claims

6.1 Nothing in these Terms nor in the contract between you and us shall negative or vary any conditions or other terms implied by section 13 of the Supply of Goods and Services Act 1982 or by any legislation replacing or amending this section. This clause shall have priority over any conflicting provision in these Terms.

6.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the services you purchased.

6.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.


6.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 6.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 6.1 or clause 6.3.


7. Links


We may provide links on the website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through the website, or from companies to whose website we have provided a link on the website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

8. Exclusion of Set-Off

You are not allowed to set-off any sum you assert is owed by us to you against any sum that is owed by you to us.

9. Online registration, Login Data, Picture

9.1 Before placing an order with us, you must register through the website and set up a user account. As part of this process you will be notified of the data necessary to login to your account, including a password ("login data"). Brille24 GmbH is authorised to change your login data at any point and will notify you of such changes.

9.2 You are responsible for maintaining the security of your login data. Login data has to be kept confidential and may not be provided to a third party unless affirmed by Brille24 GmbH in writing. Take note that a third party who knows your login data is able to make orders on your behalf. If you notice or suspect your login data is being used by a third party, you are obliged to change this login data immediately or (if a change is not possible) to inform Brille24 GmbH immediately.

9.3 If there is justified suspicion that login data is being misused, Brille24 GmbH is authorised to close your account. Brille24 GmbH will inform you of the closure.

9.4 Brille24 GmbH is not liable for damages caused by misuse or loss of login data except for any damage within the scope of clause 6.3.

9.5 You can upload a photo onto the website. You can send your friends a link to this photo or make it accessible to the public in the so called "catwalk"-forum. The photo can also be removed by you. You may only upload photos that do not violate the copyright, personal rights or any other rights of a third party.

10. Data Security

10.1 Brille24 GmbH uses data provided by you, such as your name, address and telephone number only for the processing of orders, other contractual relations with you and direct communication with you in addition to the uses set out in our Privacy Policy. Data will be shared with Najash Ltd but will not be forwarded to any other third party except in the limited circumstances expressly specified.

10.2 You agree to the terms of our Privacy Policy set out in the website.

11. General

11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11.2 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

11.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

11.4 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

11.5 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11.6 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.11.7 Contracts will be governed by English law. Any dispute arising from, or related to, Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Terms and Conditions of Sale of Najash Ltd.

A Hong Kong registered company with registered address:

Najsh Ltd.
Flat H, 13/F, Phase 4
436 Kwun Tong Road
Kwun Tong, Hong Kong
E-Mail:

company registration number:Nr. 1179209 (Register of Companies Hong Kong)
(referred to as "Najash Ltd." or "us" or "we" in the following).

1. Scope of Application


These Terms and Conditions of Sale ("Terms") apply to all orders for spectacles placed by you through the UK website www.brille24.co.uk ("our site") or where you specify delivery to an address in the United Kingdom. The Terms and any document expressly referred to in them represent the entire agreement between Najash Ltd and you in respect of such orders and supersede any prior agreement, understanding or arrangement, whether oral or in writing. In particular, any conflicting terms and conditions proffered by you at any stage shall have no application. These Terms do not apply to any order made by you for additional services from our site. Such additional services are provided by Brille24 GmbH based on separate contracts and separate terms and conditions apply (available on our site).

2. Your Status

2.1 You confirm that you are a private individual placing an order as a consumer, that you are 18 years old or over and that you are legally capable of entering into a binding contract.

2.2 Where you place an order for prescription spectacles, you confirm that:
a) the spectacles are for your personal use;
b) you not registered blind or partially sighted;
c) that the prescription details you supply to us are in accordance with a written prescription which has been given by a registered medical practitioner or registered optometrist following a testing of sight by him and is dated less than two years before your order.


3. Formation of the Contract

3.1 After placing an order, you will receive an e-mail acknowledging that we have received your order. We may also send you status reports. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by an e-mail that confirms that the product has been dispatched (the Dispatch Confirmation). The contract between you and us (Contract) will only be formed when the Dispatch Confirmation is sent.

3.2 The Contract will relate only to those products whose dispatch has been confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.


4. Prices, Shipping Costs, Terms of Payment

4.1 The price of any products will be as quoted on our site from time to time, except in cases of obvious error.

4.2 These prices include any VAT, where VAT is applicable, but exclude delivery costs, which will be added to the total amount due.

4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

4.4 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product´s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

4.5 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

4.6 Payment for all products must be by credit or debit card, by Pay pal or by money transfer. No products are shipped until payment is received.


5. Delivery and Shipment Times

5.1 Shipment times do not exceed four weeks, and more usually two weeks, after payment of purchase price and shipping costs by you, unless exceptional circumstances apply.

5.2 If you order several products, they may be shipped separately.

5.3 Where we source product from a third party supplier, and that third party supplier fails to deliver the product to us on time or at all (for reasons that were not foreseeable at the time the Contract was concluded and which were beyond our reasonable control), we shall not be required to deliver that product to you. In such circumstances, we will refund any money already paid by you to us, and we shall have no further liability to you for non-delivery.

5.4 Unless agreed differently, products will be sent to the shipping address provided. You must ensure that the products can be delivered (clear nameplate, adequate mailbox). Additional shipping costs due to redelivery shall be paid by you.

6. Consumer Rights

6.1 Except as specified below, you may cancel a Contract at any time within Except as specified below, you may cancel a Contract at any time within seven working days, beginning on the day after you received the relevant products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy below.

6.2 There is no right of cancellation where you have ordered spectacles personalised to a specification provided by you.

6.3 To cancel a Contract, the Customer must inform us in writing. You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3 This provision does not affect your statutory rights.


7. Our Refunds Policy

7.1 When you return a product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.


8. Our promises to you

8.1 We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

8.2 Where relevant we will apply the following British Standards or equivalents:
- clauses 4 and 13 of BS 2738: 1962 (specification for spectacle lenses-surface defects and glazing);
- BS 3062:1970 (certain white and tinted materials)
- clause 5 of the BS 2738: 1962 (conformity with prescription) with tolerances set out in clauses 6 to 12.

8.3 We will make any spectacles to the prescription you supply to us and in appropriate circumstances relating to certain prescriptions (as specified in The Sale Of Optical Appliances Order Of Council 1984) we will also:
- use a focimeter to test the spectacles;
- perform necessary checks and adjustments where the prescription indicates the distance between the back vertex of a lens and your cornea, by reference to which the power of the lens has been specified;
- take account where necessary of the distance between your pupils.

8.4 We will not use cellulose nitrate nor celluloid in the manufacture of the spectacles or the manufacture of any part of them.

8.5 When producing your spectacles, we normally use an average Pupillary Distance ("PD") of 63mm for bifocal and single vision distance lenses and of 60mm for single vision reading lenses. This PD measurement has been provided by a qualified Eye Doctor. We take your order as acceptance of the use of these averages unless you specify otherwise. We recommend that you consult your optician to obtain your PD and current prescription before ordering.

8.5 When producing your spectacles, we normally use an average Pupillary Distance ("PD") of 63mm for bifocal and single vision distance lenses and of 60mm for single vision reading lenses. This PD measurement has been provided by a qualified Eye Doctor. We take your order as acceptance of the use of these averages unless you specify otherwise. We recommend that you consult your optician to obtain your PD and current prescription before ordering.

9. Limitation of Claims

9.1 Nothing in these Terms nor in the contract between you and us shall negative or vary any conditions or other terms implied:
(a) by section 14 of the Sale of Goods Act 1979; or
(b) by section 13 of the Supply of Goods and Services Act 1982; or
(c) by any legislation replacing or amending the provisions referred to above at (a) or (b);
and in case of conflict, this clause will take priority.

9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.

9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.3.

10. Title and Risk

10.1 The products will be at your risk from the time of delivery.

10.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

11. Our Status

11.1 In some cases, we may accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

11.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

12. Exclusion of Set-Off

You are not allowed to set-off any sum you assert is owed by us to you against any sum that is owed by you to us.

13. Online-Registration, Login Data, Picture

13.1 Before placing an order with us, you must register through our site and set up a user account. As part of this process you will be notified of the data necessary to login to your account, including a password ("login data"). Najash Ltd. is authorised to change your login data at any point and will notify you of such changes.

13.2 You are responsible for maintaining the security of your login data. Login data has to be kept confidential and may not be provided to a third party unless affirmed by Najash Ltd. or Brille24 GmbH in writing. Take note that a third party who knows your login data is able to make orders on your behalf. If you notice or suspect your login data is being used by a third party, you are obliged to change this login data immediately or (if a change is not possible) to inform Najash Ltd. or Brille24 GmbH immediately.

13.3 If there is justified suspicion that login data is being misused, Najash Ltd. is authorised to close your account. Najash Ltd. will inform you of the closure.

13.4 Najash Ltd. is not liable for damages caused by misuse or loss of login data except for any damage within the scope of clause 9.3.

13.5 You can upload a photo onto our site. You can send your friends a link to this photo or make it accessible to the public in the so called "catwalk"-forum. The photo can also be removed by you. You may only upload photos that do not violate the copyright, personal rights or any other rights of a third party.


14. Data Security

14.1 Najash Ltd. uses data provided by you, such as your name, address and telephone number only for the processing of orders, other contractual relations with you and direct communication with you in addition to the uses set out in our Privacy Policy. Data will be shared with Brille24 GmbH but will not be forwarded to any other third party except in the limited circumstances expressly specified.

14.2 You agree to the terms of our Privacy Policy set out in our site.

15. General

15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15.2 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

15.4 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

15.5 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15.6 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

15.7 Contracts will be governed by English law. Any dispute arising from, or related to, Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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