Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 25/02/2015. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 - We operate the website [Eyex.co.uk]. We are [Eyex International Ltd], a company registered in England and Wales under company number 05992176 and with our registered office at 3rd Floor, The Heights, 59-65 Lowlands Road, Harrow, Middlesex HA1 3AW. Our main trading address is Eyex International Ltd, 3 Century Court, Tolpits Lane, Watford, WD18 9RS. Our VAT number is 893735966.
1.2 - Contacting us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. This should be done by e-mailing us at [email@example.com or contact our Customer Services team by telephone on [0800 808 5786], for those calling from outside the UK telephone on +44(0)203 322 1652 or by post to [Eyex.co.uk 3 Century Court, Tolpits Lane, Watford, WD18 9RS]. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. Should you decide to cancel once a product has been received, subject to clause 10 below, the Contract may be cancelled by returning the item(s) to us with the provided returns label.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at [0800 808 5786] for those calling from outside the UK telephone on +44(0)203 322 1652 or by e-mailing us at [firstname.lastname@example.org].
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. OUR PRODUCTS
2.1 - The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 - Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a  % tolerance.
3.1 - All Products are subject to availability. If an item is out of stock it will normally be labelled as ‘out of stock’ on our website. If for any reason beyond our control, we are unable to supply a Product we will not be liable to you except to ensure that you are not charged for that Product.
3.2 - We will let you know if any particular Product is unavailable for purchase.
3.3 - To ensure availability of all Products, we may place restrictions on how many units of a particular Product you can order at a time. We reserve the right to withdraw any Product from sale for any reason.
3.4 - On the advice of our dispensing opticians we have absolute discretion as to whether to accept your order. If considered necessary or appropriate before an order is accepted we have absolute discretion:to contact you to discuss your order;to contact directly or request that you contact the qualified person who provided your prescription to verify and/or discuss your prescription;request that you obtain pupillary distance measurements from your optician; orrequest that you obtain a new prescription from a suitably qualified person.
4. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
5. HOW WE USE YOUR PERSONAL INFORMATION
6.1 - You may only purchase Products from our site if:
6.1.1 - You are aged over ; have a debit or credit card acceptable to us in your name; [reside in the UK and stipulate a UK delivery address]; give your real name, address, phone number, email address and any other details requested.
6.1.2 - You are not registered blind or partially sighted;
6.1.3 - You are in possession of a written prescription for spectacles or contact lenses that has been given to you by a suitably qualified person and has not exceeded the expiry date noted on it. If no date is stated then it is no more than 24 months old (12 months if you are aged 70 and over).
6.2 - You will supply accurate details of your current prescription (including any notes on the prescription) when requested.
6.3 - Clauses 6.1.2, 6.1.3 and 6.2 do not apply if you are purchasing non-prescription products such as sunglasses or accessories.
6.4 - When ordering contact lenses from us for the first time, or when ordering where your prescription has expired, you will need to send us a copy of a valid and current prescription. You can post or e-mail your prescription (clearly indicating your name and address in all cases) to:
(a) Post: Eyex International Ltd, 3 Century Court, Tolpits Lane, Watford, Hertfordshire, WD18 9RS
(b) E-mail: email@example.com
6.5 - By placing an order for contacts lenses from this site, you are confirming that:
(a) the order for Products placed through this site represents a request for contact lenses by you, which fulfils the needs of you yourself and no other person;
(b) the data you provide concerning the condition of your eyes corresponds to the data found on your current contact lens specification;
(c) you have not been advised to stop wearing contact lenses by an eye care or medical practitioner and have not, within the last 12 months suffered from an eye condition requiring treatment;
(d) you consent to us contacting your optician or contact lens practitioner to verify your contact lens specification if required, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or contact lens practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order;
(e) you know of no reason why the contact lenses which you are ordering would not be appropriate for you;
(f) you are not experiencing any discomfort with the contact lenses you are currently prescribed to wear;
(g) you understand that you should not attempt to wear any lens where the lens specification does not match your current lens specification and that the left and right lenses should be worn only in the corresponding eye. You undertake that you shall use any contact lenses sent to you by us strictly in accordance with any accompanying user and safety instructions;
(h) you undertake to have a contact lens check at least once in any period of twelve months or more frequently, if recommended by your optician;
(i) the information and details provided by you either during registration or any at any time are true, accurate, current and complete in all respects; and
(j) you will notify us immediately of any changes to the personal information by e-mailing or telephoning our Customer Service representatives at e-mail [firstname.lastname@example.org]; telephone [0800 808 5786] or for those calling from outside the UK telephone on +44(0)203 322 1652.
6.6 - Contact lens wear can affect the health of your eyes. In the supply of all contact lenses, all eye care practitioners have to meet certain legal obligations in the interest of their patient’s ocular health. We only supply contact lenses as detailed specifically in your written contact lens prescription. We will not supply any other type of contact lenses.
6.7 - We can accept no responsibility for your lack of suitability to wear contact lenses as detailed in the specification, or for your overall suitability to wear contact lenses.
6.8 - You agree that all glasses, sunglasses purchased with prescription lenses fitted or any contact lenses will be for your own use and that you are  years old or older. You will not supply or purchase on behalf of anyone under  years of age.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 - Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 - After you place an order and make payment in full, you will receive an e-mail from us acknowledging that we have received your order and payment. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 - We will confirm our acceptance to you by sending you an e-mail which confirms that the Product(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 - If we are unable to supply you with a Product, for example, but not limited to, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 - We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 - Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 - We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.3.1 - changes in relevant laws and regulatory requirements; and/or
8.3.2 - circumstances affecting Eyex.co.uk and/or Eyex International Ltd.
8.4 - If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. - YOUR CONSUMER RIGHT OF RETURN AND REFUND
9.1 - If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 - However, this cancellation right does not apply in the case of:
9.2.1 - sealed products once these Products are unsealed after you receive them;
9.2.2 -any Products which become mixed inseparably with other items after their delivery;
9.2.3 - any Products we make according to the prescriptions and/or the details that you provide are deemed to be customised products. We cannot accept returns of customised products;
9.2.4 - any Product which is returned to us but there have been obvious signs of use such as minor sratches on the frame or lenses.
9.3 - Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.|
|Your Contract is for either of the following:|
- One Product which is delivered in instalments on separate days.
- Multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.|
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.|
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.4 - If you wish to cancel a Contract more than 14 days after the deadline commenced, as set out in clause 9.3 above, this will be at the discretion of Eyex International Ltd. If accepted any refund will be in the form of online vouchers, redeemable against other products or services available on our website.
To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at [email@example.com] or contact our Customer Services team by telephone on [0800 808 5786], for those calling from outside the UK telephone on +44(0)203 322 1652 or by post to [3 Century Court, Tolpits Lane, Watford, WD18 9RS]. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the date day of the cancellation period or e-mail us before midnight on that day.]
9.5 - If you cancel your Contract we will:
9.5.1 - refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 - refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within [3-5] days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.5.3 - make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
126.96.36.199if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
188.8.131.52 - if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 - If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 - We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.8 - If a Product has been delivered to you before you decide to cancel your Contract:
9.8.1 - then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Printed returns labels are provided with the Products. Resend the package by attaching the returns label and leaving it at your local post office. If we have offered to collect the Product from you we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection];
9.8.2 - unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
9.8.3 - no refund of delivery costs will be made if Eyex International Ltd accepts the cancellation of a Contract after the 14 day cancellation period as set out in clause 10.3;
9.8.4 - any Product returned where a Contract has been cancelled after the 14 day cancellation period must be unworn and in re-saleable condition.
9.9 - Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 - We will contact you with an estimated delivery date which will, depending on stock availability, be within:
10.1.1 - 3-5 working days if we have verified your specification with your Optician or suitably qualified person;
10.1.2 - 5-7 working days where we do not yet have your details verified or for more unusual prescriptions;
10.1.3 - If we have any problems verifying your specifications or have to order Products especially for you and we will not deliver in 7-10 working days we will contact you to let you know.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
10.2 - If no one is available at your address to take delivery, we will leave you a note that the Products have either been returned to our premises, left with a neighbour or a safe place, agreed with you. If returned to the delivery office, please contact us to rearrange delivery.
10.3 - Delivery of an Order shall be completed when we deliver the Products to the address you gave us [or you [or a carrier organised by you] collect them from us] and the Products will be your responsibility from that time.
10.4 - You own the Products once we have received payment in full, including all applicable delivery charges.
10.5 - If we miss the delivery deadline as stated in clause 11.1 above for any Products then you may cancel your Order straight away if any of the following apply:
10.5.1 - we have refused to deliver the Products; or
10.5.2 - you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 - If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 - If you do choose to cancel your Order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. INTERNATIONAL DELIVERY
11.1 - Unfortunately, we do not deliver to addresses outside the UK.
11.2 - You may place an order for products from outside the UK, but this order must be for delivery to an address in the UK.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 - The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 14.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 - Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 - The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 - The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page [INSERT LINK].
12.5 - Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you by e-mail to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12.6 - We reserve the right to terminate any special offer or promotion at any time, without notice.
13. HOW TO PAY
13.1 - You can only pay for Products using a debit card or credit card. We accept the following cards: [INSERT LIST OF CREDIT AND DEBIT CARDS].
13.2 - Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14. OUR LIABILITY
14.1 - If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery to you of the products in question.
14.2 - If you do not receive products ordered by you within 15 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address within 25 days of the date on which you ordered the products.
14.3 - If you notify a problem to us under condition 16.2, our only obligation will be, at your option
14.3.1 - to make good any shortage or non-delivery;
14.3.2 - to replace or repair any products that are damaged or defective; or
14.3.3 - to refund to you the amount paid by you for the products in question in whatever way we choose.
14.4 - Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question under clause 9 of these terms and conditions.
14.5 - We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
14.5.1 - loss or damage was not foreseeable to both parties when the contract was formed;
14.5.2 - loss or damage was not caused by any breach on the part of the supplier;
14.5.3 - loss or damage relates to business and/or non-consumers.
14.6 - We do not in any way exclude or limit our liability for:
14.6.1 - death or personal injury caused by our negligence;
14.6.2 - fraud or fraudulent misrepresentation;
14.6.3 - any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.6.4 - any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.6.5 - defective products under the Consumer Protection Act 1987.
14.7 - You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
14.8 - We only supply the Products for personal use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.9 - Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15. EVENTS OUTSIDE OUR CONTROL
15.1 - 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 - An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 - If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 - we will contact you as soon as reasonably possible to notify you; and
15.3.2 - our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 - You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than  days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16. DATA PROTECTION AND PRIVACY
16.1 - By providing your details to [Eyex International Ltd] on our website, you consent to Eyex maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
16.2 - We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your products to you, e.g. our delivery company.
16.3 - Eyex will use information about you to make marketing offers via email, telephone and mail based on your product preferences from time to time.
16.4 - If you opt-out from hearing from Eyex [or approved third parties], you will only be contacted by Eyex regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
17.1 - We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
17.2 - It is your responsibility to protect your user name and password information from being disclosed to any third party.
18. COMMUNICATIONS BETWEEN US
18.1 - When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 - If you are a consumer you may contact us as described in clause 1.2.
18.3 - The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 - We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
19.2 - You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 - This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 - Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 - If we fail to insist that you perform any of your obligations under these Terms, 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.
19.6 - Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.