TERMS AND CONDITIONS OF USE
Glassesandsunglasses.co.uk is a leading online retail store for glasses, sunglasses and related products. The web site (‘site') is designed to provide a convenient and private shopping experience for consumers to purchase glasses, sunglasses and related products 24 hours a day, 7 days a week. Glassesandsunglasses.co.uk, its subsidiaries and affiliates want each visitor to the site (‘you') to have a safe and pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the site you agree to be bound by the terms set forth herein. We may make changes to the site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the site at any time. We encourage you to review the site and these terms periodically for any updates or changes. Your continued access or use of the site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes. This contract is personal to you and may not be transferred to any other person. Glassesandsunglasses.co.uk is a trading name of Spinks Speks Ltd whose registered address is at 49 Warbreck Moor, Aintree, Liverpool. L9 4RW. Registered in England No. 3222947. VAT No. 672 6448 05. Registered with the General Optical Council. Valid prescription required You hereby certify that you have a valid prescription for the glasses or sunglasses that you are ordering. You represent and warrant to Glassesandsunglasses.co.uk by placing an order that the information you enter into the site is valid and true and matches exactly your prescription as provided by your eyecare provider. You further certify that your prescription is under 2 years old and that you are neither blind nor partially sighted and are over 18 years of age. You hereby consent to our contacting your eyecare provider or yourself, if necessary, to verify your prescription information and any other necessary information. It is recommended that you consult your Optician to obtain your PD before ordering. Unless you specify otherwise, an average Pupil Distance (PD) of 63mm will be used when making up your glasses. If you are in any doubt about the information contained in your prescription, do not input it, email our customer service department at customerservices@glassesandsunglasses.co.uk for advice. Delivery Goods will be delivered to the delivery address stated on the order form. Delivery will be by any method we regard as suitable. Goods will usually be delivered within 10 working days, but please allow up to 20 working days. Any dates specified by us for delivery of goods are an estimate and time for delivery is not guaranteed. When you have received the goods, the risk of damage to the goods shall pass to you. If no dates are specified, we will endeavour to deliver within a reasonable time. If for any reason (not due to our fault) you do not accept delivery of any goods in accordance with this paragraph then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges). Please inspect goods carefully when you receive them. If any of the goods are damaged, do not use them and contact us immediately. If you have any visual problem whatsoever with the goods, do not wear them and return them in accordance with our returns procedure. Guarantee At glassesandsunglasses.co.uk we want you to be delighted every time you shop with us. That's why under our 14-day 100% satisfaction guarantee, if for any reason you are not satisfied with your purchase, you can return it to us in its original condition* within 14 days of the date we despatched the item and we will either (1) exchange your frame for another colour in the same model or (2) replace the lenses, even if your optician has made a mistake with your prescription. We do not refund any postage and packing costs. Items must only be returned with a completed return authorisation form. Please contact our Customer Service Department by email to customerservices@glassesandsunglasses.co.uk for instructions and help with our returns procedure. The risk of damage or loss to any goods you return to us will remain with you until the goods have been delivered to our premises and accepted by us at those premises. Recorded delivery or courier must used to return goods at your expense. Returned items that are not accompanied by an official Return Authorisation Number will not be accepted. *Original condition means that there are no marks on the item or the case. We do not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the purchaser. Availability of goods and product description All goods advertised for sale on the site are subject to availability. If an item that you wish to order is unavailable, we shall inform you by email or phone. We shall not charge you for goods that we cannot supply for any reason. We shall not be responsible for any damage or losses that you may suffer if we fail to supply goods. We have made every effort to display as accurately as possible the colours of our products that appear at the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition. Price and payment of goods The price of all goods is as stated on the web site and includes VAT within the UK and Europe. Payment is accepted by Visa/Mastercard/Switch/Solo and Maestro credit and debit cards via WORLDPAY in pounds sterling, euros and dollars. All credit and debit card payments are subject to validation and authorisation by WorldPay. If WorldPay refuses to authorise payment, we will not be liable for any non-delivery or delay. We will not deliver any glasses or sunglasses to an address that does not match the cardholders address and postcode. Any order that has been made with an address that does not match the cardholders address will be refused. Data protection act We comply with the terms of the Data Protection Act and collect only that information which is necessary to fulfil our obligations to you. Our rights Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. These terms and conditions are subject to change at any time without prior notice to you. Electronic communications When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Trademarks All brand names, product and service names, and titles used on glassesandsunglasses.co.uk are trademarks, trade names, and/or service marks of glassesandsunglasses.co.uk. Glassesandsunglasses.co.uk trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits glassesandsunglasses.co.uk. All other brands and names (including third-party product names) are the property of their respective owners. Copyrights All content, designs, text, graphics, software compilations underlying source codes and other arrangements in this site are the copyright of glassesandsunglasses.co.uk. Permission is granted to users to download and print one copy of the site for their own personal, non-commercial use. Any other use of this site without prior written consent from glassesandsunglasses.co.uk is strictly prohibited. Links to third party sites Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents. Termination These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. Limitation of liability Glassesandsunglasses.co.uk does not accept liability for any consequential or incidental damages (including but not limited to lost profits, loss of privacy) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the use of the Site or the purchase or use of any products or services from the Site. Glassesandsunglasses.co.uk will only be liable for direct loss (save in the case of death or personal injury caused by glassesandsunglasses.co.uk's negligence, in respect of which there is no limit) up to a maximum total of the price of the product or services purchased, which are the subject of the claim. Glassesandsunglasses.co.uk shall not be liable for any errors made by you when entering your prescription details online. You acknowledge and agree by your use of this site to assume full responsibility for all risk associated with your use of this site, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this web site. Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the service. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers` fees, made by any third party due to or arising out of content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of use, or your violation of any rights of another. Disclaimer of warranty The content (as defined below) contained in this site is provided by glassesandsunglasses.co.uk as a service to its customers. This site contains no information that may be relevant to your eyecare needs. Any specific medical questions you may have about your eyes must be directed to your professional eyecare provider. Always seek advice about your eyes from your own professional eyecare provider. You should never disregard medical advice or delay seeking medical advice because of any information contained in or related to this site. Glassesandsunglasses.co.uk does not endorse, operate, control, or assume responsibility for any product, brand, information or service on this site. The information, services, and products contained in this site are provided ‘as is' and glassesandsunglasses.co.uk excludes all warranties of any kind, express or implied to the fullest extent permissible by law. Glassesandsunglasses.co.uk and staff expressly disclaim and exclude all warranties with respect to all information, services and products contained in this site, expressed or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose and non-infringement. There are no warranties made as to the completeness, accuracy, currency or reliability of information published by Glassesandsunglasses.co.uk. Glassesandsunglasses.co.uk does not warrant that information, services and products contained in this site will satisfy your requirements or is without defect or error. Glassesandsunglasses.co.uk makes no promise that materials on the glassesandsunglasses.co.uk site are appropriate or available for use in locations outside the United Kingdom, and accessing the glassesandsunglasses.co.uk site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. General information These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. You have a 7-day period from the date when the order is placed in which to cancel your order. This right does not apply at any time after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and only the English courts will decide any disputes. A person who is not party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect. |
