| |
Terms & Conditions
1. Introduction
We want you to be delighted with your purchase and hope that your dealings with us are as pleasurable as possible. Please read the following terms and conditions. By accessing this website, you agree to be bound by them.
2. Definitions
"Conditions" means these terms and conditions:
"Personal Information" means any personal details provided by you via the Website;
"User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires;
"We/us/our" means thespecsplace.com, a trading style of The Specs Place Ltd. Clinical services provided by The Specs Place Partnership GOC Reg 01-8940.
"Website" means the website located at www.thespecsplace.com or any subsequent URL which may replace it
"You/your" means you as a user of the Website.
3. Your obligations
You:
- must be an adult, aged 18 or over and resident in the UK or EIRE
- must not supply us with a prescription more than two years old
- must not order prescription products on behalf of someone else
- agree to use this website in accordance with all relevant laws
- will not upload to this website any material which is offensive, defamatory, obscene, or menacing in character
- will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy)
- will not attempt to order prescription glasses on behalf of a minor as your order will be cancelled and you may still be charged if our lab has already started work on your order. If you have already sent frame(s) to have new lenses fitted, you will be charged for their handling, repackaging and return.
4. Our rights
We reserve the right to
- modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5. Third party links
In order to provide greater value to our customers, we may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for the privacy practices or the content of such websites, nor for loss or damage caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6. Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7. Data Protection
Your personal data in relation to your order will be kept in accordance with the provisions of the Data Protection Act (1998). We reserve the right to monitor and record telephone calls to and from our Helpdesk for legal and training purposes. Please view our Privacy Policy, which forms part of these terms and conditions.
8. Terms of Sale
All goods are sold subject to availability at the price advertised at the time of placing your order. These terms and conditions do not affect your statutory rights. None of our agents, representatives or sales persons has the authority to amend these terms & conditions. The contract between the you and us is governed by and interpreted in accordance with English Law
9. New Lenses Only
- We cannot accept any spectacle frame that is more than five years old
- We reserve the right to reject any spectacle frame, should our technicians judge it to be unsuitable for new lenses to be fitted
- Until we have received any spectacles or other goods that you send to us, they are your responsibility. We recommend you use an insured, tracked & signed-for delivery service.
- In the unlikely event of breakage, our liability is limited to supply of a free replacement frame, selected by us. If you require an alternative replacement frame, additional charges may apply.
- We do not accept any liability for your old lenses or for any consequential loss or damages.
10. Try At Home Service
The Try At Home service is a free service allowing you to try up to three prescription spectacle frames without lenses "on approval" without obligation to buy for a period of up to 10 days. We charge a deposit equal to 50% of the advertised complete price. On return of the spectacle frames within the ten day trial period your deposit is refunded. Postage and packing charges are not refundable.
You are responsible for returning the frames to us within the ten day time period in the same condition in which they were supplied. Any frames not returned within ten days of receipt are considered sold under the Buy Now option at the discounted rate advertised on our website and you will be charged automatically. In the event that frames are not returned in the same condition in which they were sent, we reserve the right to make a reasonable charge for repairs, replacement parts and labour.
Commencing 15th January 2008 the Try At Home Service is terminated.
11. Pricing
12. Product Descriptions
Although every care is taken to provide as accurate an image of the goods as possible, photographs and descriptions of goods are for illustration purposes only. Colour reproduction will vary depending on the hardware and software configuration of your computer. Where applicable, packaging design may change without notice and may differ from that illustrated. Model names and numbers may change without notice.
13. Your Prescription
- You must not be registered partially sighted or blind
- We rely on the prescription given to us by you to manufacture and supply lenses in accordance with that prescription.
- The pupillary distance measurement (PD), or asuitable photograph to allow our opticians to measure your PD must be given to us for your first order for spectacles so that we can ensure that your new glasses are made correctly. If the prescription is of a small magnitude, i.e. less than +/-2 dioptres and you do not supply us with your PD measurement, or facial photograph, we reserve the right to glaze your lenses at an average Pupil Distance (PD) of 63mm, at our discretion.
- Where multifocal lenses are required, we will arrange to send you your frame of choice, with instructions for a photograph to be taken to enable our opticians to take the necessary measurements.
14. Sight Examinations and Spectacle Frame Fitting Service
The Specs Place Partnership, is able to carry out Sight Tests, PD measurements, and Spectacle Frame fittings by appointment. Charges will apply to these services and must be paid for by you. You may contact The Specs Place Partnership on telephone number 01782 330803, or by post at 46a, Market Street, Longton, Stoke on Trent ST3 1BS, to make an appointment, and to request a list of the current professional charges. Customers of thespecsplace.com CANNOT be seen without an appointment.
15. Supply of Goods
Your spectacles are an individually made product, consisting of a number of hand-crafted components. Furthermore, the product must pass our strict quality control process at each stage. We cannot, therefore, guarantee completion dates and delivery times.
16. Receipt of Goods
The goods will be delivered to the address supplied by the purchaser. Your signature will be required on receipt of the goods, whereupon the title of the goods passes to the purchaser. In the unlikely event that the goods have not been received within 15 days of the date of dispatch, the purchaser must notify The Specs Place immediately.
17. Returning Prescription Glasses and Prescription Sunglasses
- You have the right to cancel your order at any time prior to dispatch. However, should work have been commenced prior to cancellation, you are liable for the cost of the work done, together with any expenses incurred on your behalf.
- When you receive your order, you are advised to inspect it carefully, and make certain that it is of merchantable quality and fit for its intended purpose.
- You must notify us of any problems with your new glasses within 28 days of receipt. Please contact us to obtain a return authorisation before returning any goods.
- In cases where the goods are found to be faulty, or incorrect because of a failing on our part, we will repair or replace the goods or refund the cost of the goods, at our option.
- In cases where returned goods are not found to be faulty or incorrect because of a failing on our part, we will return the goods to you and no refund will be issued.
- We reserve the right to refuse to accept the return of any goods after 28 days of your receipt.
18. Returning non prescription products including ready-made reading glasses (Reading Specs to go...) and spectacle frames without lenses fitted
- You have the right to cancel your order at any time prior to dispatch.
- When you receive your order, you are advised to inspect it carefully, and make certain that it is of merchantable quality and fit for its intended purpose.
- You may return products for any reason within 7 days of receipt. Provided you return the products in saleable condition within 7 days of receipt we will issue a full refund including postage and packing at our standard rate. If you have selected a different delivery service we will only refund postage and packing up to a maximum of £2.50. Any costs you may incur in returning products to us are non-refundable
- In cases where goods dispatched were faulty, or incorrect because of a failing on our part, you may return the goods to us within 28 days of receipt. Provided you return the products in the same condition they were supplied to you within 28 days of receipt we will issue a full refund including postage and packing.
- If you return goods to us after 7 days of receipt (or 28 days of receipt in the case of faulty goods or incorrect orders) we reserve the right to apply a 20% restocking fee or reject the returned goods at our discretion
- Before returning any goods to us, for any reason, you must contact us to obtain a return authorisation.
- We reserve the right to refuse to accept any goods returned after 28 days of your receipt or without a return authorisation.
19. Liability
- We are not liable for any loss or consequential damages resulting from an incorrect, illegible, out of date or otherwise invalid prescription being supplied to us by you.
- The Specs Place does not accept any liability for any consequential or incidental or punitive damages whatsoever arising from the use of this website or the purchase of goods or services from this website. All our prescription goods are sold on the basis that they will not be resold, lent, hired, or otherwise supplied to another individual. We reserve the right to refuse to sell any product.
- You agree to indemnify The Specs Place, and its directors and employees harmless from any claim or demand made by a third party, including any legal fees arising for a claim or demand, due or arising out of your submissions to or from the website, your use of the website, your connection to the website, or your violation of the terms and conditions of the website.
- The Specs Place shall have no liability to you for any failure or delay in supply or for any defect in goods supplied that is caused by any event or circumstances beyond our control, including, without limitation, national disasters, strike or lockout and industrial disputes.
20. Law
The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales who's Courts will have exclusive jurisdiction in any dispute.
21. Clinical and Medical Information
Any clinical or medical information published on our website is for general health information purposes only. We not provide any medical diagnosis or medical advice to any individual. Any information given is intended to allow you, the consumer, to have an understanding of a subject so as to allow better communication with your healthcare professional.
22. Copyright
The Website is Copyright, ©2009 The Specs Place Limited. All rights reserved. All images, logos, code and styles of our website are copyright, and may only be reproduced with written authority from us. Certain images and text are reproduced under licence by the copyright owner.
23. Notices
You may send us notices under or in connection with these Conditions by post to The Specs Place Limited., 46a Market Street, Longton, Stoke on Trent ST3 1BS
As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 7 working days of our receipt and should be retained by you.
|
