Terms & Conditions
Please read these terms and conditions (“Terms”) carefully before using Our Website as they affect your rights and liabilities under law.
IF OUR PAYMENT SYSTEMS NOTIFY US THAT YOUR TRANSACTION IS CLASSIFIED AS HIGH RISK WE RESERVE THE RIGHT TO REFUND A NOMINAL AMOUNT BACK TO YOUR ACCOUNT AND ASK FOR CONFIRMATION OF THIS AMOUNT FROM YOU, THE CARD HOLDER. TO COUNTERACT FRAUDULENT TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THESE TERMS, YOUR ATTENTION IS IN PARTICULAR DRAWN TO CLAUSES 9 AND 18.
- 1. Definitions and Interpretations
o 1.1 In these Terms the following words shall (unless the context otherwise requires) have the following meanings:
- Contract these Terms and the Order;
- Goods the items advertised on our Website which you buy from Us;
- Intellectual Property Rights all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
- Liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
- Order the order for Goods placed by you and accepted by Us subject to these Terms;
- Us, Our, We Opticswarehouse, Unit 6 Alders Way,Paignton,Devon,TQ4 7QL
- User any person who browses the Website;
- Warranty Period a period of 12 months from the date that you place your Order;
- Website Our website at URL [www.opticswarehouse.co.uk] or such other URL that We may use in connection with the Goods from time to time;
- Working Day Monday to Friday between the hours of 9.30am and 5pm but not any day which is a public holiday in the UK.
o 1.2 Headings are for convenience only and shall not affect the interpretation of these Terms.
- 2. Application of these Terms
o 2.1 If you are submitting an Order, you agree to be bound by these Terms. If you are a User, your use of the Website constitutes your agreement to be bound by these Terms insofar as they are relevant to use of the Website only.
o 2.2 These Terms (as amended by Us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and you agree to abide by them.
o 2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and you will bound by the updated version if you continue to use the Website thereafter.
- PART A – USE OF THE WEBSITE
- 3. Website Content
o The content of this Website is © Opticswarehouse. All rights are reserved. You are permitted to download a single hard copy of Website content and print extracts from the Website for your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights.
- 4. Links
o This Website may include links to other websites. These websites and the content, products and services available through them are not under Our control and should not be considered to be endorsed or approved by Us. We do not accept any liability in connection with any third party websites that may be accessed through this Website.
o If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- a. you do not remove, distort or otherwise alter the size or appearance of the Opticswarehouse(s);
- b. you do not create a frame or any other browser or border environment around the Website;
- c. you do not in any way imply that we are endorsing any products or services other than its own;
- d. you do not misrepresent your relationship with us nor present any other false information us;
- e. you do not otherwise use any trademarks of Opticswarehouse Limited displayed on the Website without our express written permission;
- f. you do not link from a website that is not owned by you; and
- g. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the right to link to the Website for breach of the above terms and to take any action it deems appropriate. You shall fully indemnify us for any loss or damage suffered by us as a result of your breach of those terms.
- 6. Service access
o While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
o We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
- 7. Registration
o Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords rests with you.
- 8. Disclaimer
o 8.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
o 8.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
o 8.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
- PART B – GOODS
- 9. Eligibility for Goods and Services
o 9.1 By submitting an Order to Us, you warrant and represent to Us that you are over 18 years old;
o 9.2 If you are not able or not willing to give the warranties and representations set out in clause 9.1 above then you must not submit an Order to Us.
- 10. Product Information
o 10.1 We have made all reasonable efforts to accurately display the colours, designs and sizes of the Goods for sale on Our Website. You acknowledge and accept that designs, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may differ due to your own computer’s visual settings and hardware.
o 10.2 If the Goods you have Ordered are not available in the colour, design or size you have requested we will notify you of the colours, designs or sizes currently available. Your Order will not be accepted and you may then resubmit your Order for the Goods in an available colour.
o 10.3 You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these Terms.
- 11. Formation of the Contract
o Please follow directions given on the Website to place an Order. Once you have placed an Order and we have received payment in accordance with clause 12 we will confirm receipt of your Order.
- 12. Price and Payment
o 12.1 The price payable for the Goods shall be as shown on the Website. Prices advertised on the Website include VAT (VAT stands for Value added tax) but exclude postage, packing, insurance and any applicable export duties. Delivery charges are shown separately when ordering and must also be paid in advance.
o 12.1a VAT-(VAT stands for Valued added tax) which is charged on goods sold by “Opticswarehouse LTD” within the EU is in accordance with the laws governing members of the European union. Opticswarehouse is obliged by law to charge VAT on all orders delivered to destinations in member countries of the EU. The “our price” displayed in accordance with our web site is the inclusive costs with VAT to our customers. If you are a business within the EU and have a VAT registered business and you quote your companies Vat number on your order then you will be refunded your VAT. This is subject to confirmation/ proof of delivery address.
o It is the purchasers responsibility ,who purchases the product, to prove that they are situated outside of the EU. VAT will be charged and then refunded on proof of delivery location outside of the EU.
o 12.2.1b Individual countries have their own individual levy of Import duty. It is the responsibility of the individual purchaser to satisfy their assurances that The product purchased from The Opticswarehouse LTD web site is not dutifully bound to any further duty or tax. The responsibility for payment of any levy/import duty or tax liable is the responsibility of the purchaser.
o 12.2 Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order.
o 12.3 Prices are subject to change without notice but changes will not affect Orders which we have already accepted.
- 13. Right for you to Cancel
o 13.1 You may cancel your Order at any time up to the end of the fourteenth (14th) Day from the date you receive the Goods PROVIDED THAT the Goods remain unopened and sealed in their original packaging in a condition suitable for re-sale.
o 13.2 To cancel your Order you must notify us in writing (which includes letter, fax or email). The sum debited to Us from your credit or debit card will be re-credited to the same card within 14 days of your cancellation notice.
o 13.3 The Goods in question must be returned to Us within 14 days of your cancellation notice and must be received by Us in the condition they were in when delivered to you, unopened and sealed in their original packaging in a condition suitable for re-sale. Unless the Goods are faulty, We shall be entitled to recover any direct costs of having to recover the Goods from you and may set such costs off against the amount to be re-credited to you.
- 14. Cancellation by Us
o 14.1 We reserve the right to cancel the Contract if:
- 14.1.1 We have insufficient stock to deliver the Goods you have ordered;
- 14.1.2 We do not deliver to your area or country;
- 14.1.3 One or more of the Goods you ordered was listed with incorrect product information, price, and/or description for whatever reason; or
- 14.1.4 We have reason to believe that you will fail to pay for the Goods or that you will not comply with these Terms (or any of them).
- 15. Delivery of Goods to you
o Unless we notify you otherwise, once your Order has been accepted, we will deliver the Goods ordered by you within 7 days to the billing address you give Us at the time you make your Order.
- 16. Intellectual Property Rights
o All and any Intellectual Property Rights in connection with the Goods shall be owned by Us absolutely.
- 17. Disclosure of Information to Government Bodies
o We may from time to time be requested to provide information to government bodies (including without limit the Police) with regards to any Goods you purchase from Us and you hereby consent to Us doing so.
- 18. Liability and Limitation
o 18.1 If we do not deliver or if the Goods we deliver are not what you ordered or are damaged or defective on delivery or during the Warranty Period or the delivery is of an incorrect quantity, Our only obligation will be, at Our option to:
- 18.1.1 make good any shortage or non-delivery or incorrect delivery; or
- 18.1.2 replace or repair any Goods that are damaged or defective; or
- 18.1.3 refund to you the amount paid by you for the Goods in question.
- The above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by you or your failure to comply with any reasonable instructions issued by us in respect of maintenance and/or safe handling.
o 18.2 We shall have no Liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
o 18.3 Without prejudice to the foregoing, our total aggregate Liability to you under and/or arising in relation to this Contract shall not exceed the amount paid by you for the Goods.
o 18.4 Nothing in this Contract shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
o 18.5 Nothing in this Contract shall exclude or limit your statutory rights.
- PART C – GENERAL
- 19. Notices
o Unless otherwise expressly stated in these terms and conditions, all notices from you to Us must be in writing and sent to Opticswarehouse LTD, Unit 6 Alders Way,Paignton,Devon,TQ4 7QL or by email to [email protected]
- 20. Events beyond Our control
o We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- 21. Miscellaneous
o 21.1 If any part of these Terms is unenforceable (including any provision in which we exclude Our liability to you) the enforceability of any other part of these Terms will not be affected.
o 21.2 This Contract shall be governed by and interpreted in accordance with English law and both parties submit to the exclusive jurisdiction of the English Courts.
o 21.3 These Terms, together with the Order set out the whole of Our agreement relating to the supply of the Goods by Us to you.