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Terms and Conditions
1. Limitation of our Liability to you
- These Terms set out the rights and obligations that
apply where we supply goods to you. Please read them carefully
before you place your order as you will be bound by these
Terms if we accept your order. If you have any queries
regarding these Terms (or the order form) please raise
them with us as soon as possible and in any event before
you place your order.
IF YOU HAVE DIFFICULTY READING THIS PAGE,
YOU MUST CONTACT US BEFORE YOU PLACE YOUR ORDER
1. General
- You may have other rights granted by law including
your statutory rights as a consumer, and these Terms do
not affect those rights.
- No binding contract will exist between us until we have
accepted your order. Except as described in paragraph
11.1 below, you may not cancel any order, which has been
accepted by us.
- All goods are sold subject to availability.
- These Terms supersede all previous verbal or written
statements and agreements relating to the goods and/or
services. All information contained in our sales literature
or correspondence is provided for guidance only and does
not form part of this contract, unless we agree otherwise
with you in writing.
- None of our representatives, agents or sales persons
have authority to vary, amend or waive any of these Terms
on our behalf and no amendment or addition to any of these
Terms shall be deemed to have been accepted unless we
agree otherwise with you in writing.
2. Description of Goods and Services
- When ordering, you must provide use with details of
the relevant prescription that is to be applied to the
goods.
- All prescriptions provided to us must has been given
to you by a registered medical practitioner or registered
ophthalmic optician following a testing of sight by him
or her within the last 2 years.
- We will rely upon the prescription provided by you and
the goods provided will contain lenses matching the prescription
that you submitted.
- If you are unsure of the relevant prescription to be
applied to the goods, please consult a registered medical
practitioner or registered ophthalmic optician before
placing an order.
- Unless you state otherwise, we use an appropriate average
pupillary distance 'PD' to complete your order. This PD
measurement has been provided by qualified dispensing
opticians. By agreeing to these terms and conditions,
and unless you state otherwise, you will be agreeing to
let us use an average PD of 63mm for bifocal and single
vision distance lenses, or a PD of 60mm for single vision
reading lenses. We recommend that you consult your optician
to obtain your PD before ordering, and provide that number
to us when ordering.
- You must be over the age of 18 to order from Cost Spex
Direct, and you must not be registered blind, or partially
sighted, or ordering on behalf of someone under 18 years
of age.
- We will not fulfill orders for lenses of over 8 dioptres.
You must not attempt to place an order of this kind.
- We will not fulfill orders for lenses where the sphere
value added to the cylindrical value is greater than 8
dioptres. You must not attempt to place an order of this
kind.
- We will not fulfill orders for varifocal or progressive
lenses. You must not attempt to place an order of this
kind.
3. Inspection of Goods
- Upon delivery of the goods you should carefully inspect
them. If any of the goods are damaged or lost, please
contact us to inform us of the problem and do not use
the goods.
- Each of the goods will contain written confirmation
of the prescription of the goods. If the prescription
stated does not match the prescription ordered, please
contact us to inform us of the problem and do not use
the goods.
4. Price
- The price for the goods will be the price stated at
the point of order.
- The price for the goods includes any value added tax
payable.
- Payment can be made by cheque or by credit or debit
card
- The order will not be complete, and the glasses will
not be sent until full payment has cleared the account.
5. Payment
- Unless we agree otherwise in writing, you must pay to
us the price for the goods when placing your order.
- Payments to us must be made in pounds sterling.
6. Your Rights to Cancel this Contract
- If this contract has been made between us by telephone
or correspondence (including e-mail) without any face
to face contact having occurred between us, then you will
have a 7 day period from the date when the order is placed
in which to cancel this contract. This right does not
apply at any time after we have started to customize any
materials (including manufacturing any goods) in accordance
with your requirements or after we have started to perform
any of the services (including installation).
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7. Responsibility for and Ownership of Goods
- You will be liable for any loss or damage to the goods
from the time of delivery unless such loss or damage is
caused by our negligence.
8. Resale of goods
- Goods are sold on the condition that they are not resold
to the public.
9. Recording of Telephone Calls
- The company reserves the right to record any conversation
for training and monitoring purposes.
10. Important Your particular attention
is drawn to this paragraph
- Nothing in these Terms excludes or limits our liability
for death or personal injury resulting from our negligence
or any breach of the statutory implied terms as to title
of goods or for fraud or any other liability which by
law we are not permitted to limit or exclude.
- Our maximum liability (and that of our employees, agents
and subcontractors) to you in connection with any physical
damage caused to your property through the negligence
of us (or our employees, agents and subcontractors) will
not in any circumstances exceed £10,000.
- In all other cases, our total liability (including our
employees, agents and subcontractors) whether in contract,
tort (including negligence) and breach of statutory duty
or otherwise will not exceed the price of the goods and
services to which the claim relates.
- In no circumstances will we (or our employees, agents
or subcontractors) be liable to you for any business interruption,
loss of use, loss of data, loss of profits, contracts,
goodwill or anticipated savings.
11. Our Responsibilities
- We will meet our responsibilities under this contract
within a reasonable time unless it is impossible for us
to do this because of circumstances outside of our reasonable
control. In particular we will not be responsible for
delays caused by our suppliers.
12. Contract Personal to You (Your limited
right to transfer the contract)
- This contract is personal to you. Nobody other than
you will be able to benefit from this contract. You may
not transfer your rights or the benefit of any of the
provisions of this contract to any other person without
our prior written permission.
13. Our Right to Transfer the Contract
- We may assign or subcontract the contract or any part
of the contract to any person, firm or company.
14. Your Personal Data
- We will ensure that our employees, agents and sub-contractors
shall, at all times, comply with the provisions of the
Data Protection Act 1998 in relation to data received
from you in relation to this contract and shall only process
personal data received from you where necessary to fulfill
our obligations under this contract.
15. Use of Cookies
- A cookie is a text-only string of information that a
website transfers to the cookie file of the browser on
your computer's hard disk so that the website can remember
who you are. A cookie will typically contain the name
of the domain from which the cookie has come, the "lifetime"
of the cookie, and a value, usually a randomly generated
unique number.
- When you visit our website we send you a cookie. Cookies
may be used in the following ways:
- To help us recognize you as a unique visitor (just
a number) when you return to our website and to allow
us to tailor content or advertisements to match your
preferred interests or to avoid showing you the same
adverts repeatedly.
- To compile anonymous, aggregated statistics that
allow us to understand how users use our site and
to help us improve the structure of our website. We
cannot identify you personally in this way.
- Two types of cookies may be used on this website, -session
cookies, which are temporary cookies that remain in the
cookie file of your browser until you leave the site,
and persistent cookies, which remain in the cookie file
of your browser for much longer (though how long will
depend on the lifetime of the specific cookie).
16. Communications
- Any communications between us regarding this contract
that are required to be in writing must be sent by first
class post, facsimile or delivered by hand. Any written
communication will be treated as having been served on
the person receiving it 3 working days after posting (if
sent by first class post), at the time of transmission
(if sent by facsimile and a satisfactory transmission
report is obtained) and at the time of delivery (if delivered
by hand).
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